









% 



/-W^;.^ ^^x^ Digitized by the Internet Arciiive^ ^^'f' 
■ ' ■' "^ " v^^^ ^ y: ' .irr20il with funding fi-om ^^ ^' 
"^^^ -^''' "^4^1 ThS'^itDrary of Congress >^^ 



o 0^ 

\ ^ f. 









: "^"^ .^^' 









^^.. 






,0 0^ 



•^^, ^'< 




^^.. 



c'^ 



"oo^ 



voq. 












•■^ 



2l 



* » 1 ^ " ^"^ 



^ s 

\/.arc 



http://www.archive.org/details/belligerentrightOOmdfg , 



6^^. 



BELLIGERENT RIGHTS FOR CUBA. 



SPEECHES 



OP 



HON. J. T. MORGAN^, 



ow jlTuA.:bj^i^j^ 



SENATE OF THE UNITED STATES, 



January 29, February 5, 20, 24, 25, March 16, 17, 23, 24, and May 6, 1896; 
April 6, 7, 8, 13, and May 4, 1897. 



TV^ASHi]sr&TOisr. 

1897. 



BELLIGERENT RIGHTS FOR CUBA. 



PEEGIIES 



HO:^. J. T. MOKaAKT, 



r. M'' 



iji- 



SENATE OF THE UNITED STATESr 



January 29, February 5, 20, 24, 25, March 16, 17, 23, 24, and May 6, 1896; 
Awil 6, 7, 8, 13, and May 4, 1897. 



'WJksia:i:NrG-TOiN< 

1897. 



■ Mb 



T 



4^ 



/ 






r' a^^ 



\ 



XT' 






SPEECHES 

OF 



January 29, 1S9G. 

y,'AR IN CUBA. 

Mr. MORGAN said: 

Mr. President: i am directed by the Committee on Foreign 
Relations to repoa't loack a nnmber of petitions on tlie subject of 
recognizing the belligerent rights of Cuba: also a joint resolution 
offered by the Senator from Florida [Mr. Gall] , Senate joint reso- 
lution 4, declaring that a state of public war exists in Cuba, and 
that belligerent rights be accorded to the Cuban Government. 

I report back as a substitute two resolutions, which I will read, 
accompanied by a vv^'ritten report. The report is brief, and ex- 
plains the attitude of the c«mrnittee tovv^ard these questions. I ' 
will read it: 

The Congress of tlie United States, deeply regretting tlie ■unliapp3r state of 
hostilities existing in Cuba, which has again been the result of the demand of 
a large number of the native population of that island for its independence, 
in a spirit of respect and regard for the welfare of both countries, earnestly 
desires that the security of life and property and the establishment of per- 
manent peace and of a government that is satisfactory to the people of Cuba 
should be accomplished. 

And to the extent that the people of Cuba are seeking the rights of local 
self-government for domestic purposes, the Congress of tlae TJ nited States ex- 
presses its earnest sympathy with them. The Congress would also welcome 
with satisfaction the concession by Spain of comjDlete sovereignty to the 
people of that island, and would cheerfully give to such a voluntary conces- 
sion the cordial support of the United States. The near proximity of Cuba 
to the frontier of the United States, and the fact that it is universally re- y^ 
garded as a part of the continental system of America, identifies that island ^^ 
so closely with the political and commercial welfare of our peoisle that Con- 
gress can not be indifferent to the fact that civil war is flagrant among the 
people of Cuba. 

Nor can we longer overlook the fact that the destructive character of this 
war is doing serious harm to the rights and interests of our people on the 
island, and to our lawful commerce, the protection and freedom of which is 
safeguarded by treaty obligations. In the recent past and in former years, 
when internal wars have been waged for long periods and with results that 
were disastrous to Cuba and injurious to Spain, the Government of the United 
States has always observed, with perfect faith, all of its duties tov/ard the 
belligerents. 

It was a difficult task thus forced upon the United States, but it was per- 
formed with vigor, impartiality, and justice, in the hope that Spain would so 
ameliorate the condition of the Cuban people as to give them peace, content- 
ment, and prosperity. This desirable result has not been accomplished. Its 
failure has not resulted from any interference on the part of our people or 
Government with the people or Government of Cuba. 

The hospitality which our treaties, the laws of nations, and the laws of 
Christianity have extended to Cuban refugees in the United States has 
caused distrust on the part of the Spanish Government as to the fidelity of 
our Government to its obligations of neutrality in the frequent insurrections 
of the people of Cuba against Spanish authority. This distrust has often be- 
come a source of serious anno3-ance to our people, and has led to a spirit of 
retaliation toward Spanish authority in Cuba, thus giving; rise to frequent 
controversies between the two countries. The absence of responsible gov- 
ernment in Cuba, with powers adequate to deal directly with questions be- 
8777 * 3 



tween the people of tlia United States and tlie people and political authorities 
of the island, has fceen a frequently recurring cause of delay, protracted im- 
prisonment, conflscations of property, and the detention of our people and 
their ships, often upon groundless charges, v/'hich has been a serious griev- 
ance. 

When insurrections have occurred on the Island of Cuba, the temptation to 
unlav/ful invasion by reckless persons has given to our G-overnment anx- 
iety, trouble, and much expense in the enforcement of our lavt^s and treaty 
obligations of neutrality, and these occasions have been so frequent as to 
make these duties unreasonably onerous upon the Government of "the United 
States. 

The devastation of Cuba in the ^ar that is now being waged, both with 
fire and sword, is an anxious and disturbing cause of unrest among the peo- 
ple of the United States, which creates strong grounds of protests against 
the continuance of the struggle for power between Cuba and Spain, v/hich is 
rapidly changing the issue to one of existence on the part of a great number 
of the native population. 

It is neither just to the relations that exist between Cuba and the United 
States, nor is it in keeping with the spirit of the age or the rights of human- 
ity, that this struggle should be protracted until one party or the other should 
become exhausted in the resources of men and money, thereby v/eakcning 
both until they ma,y fall a prey to some stronger power, or until the stress of 
human sympathy or the resentments engendered by long and bloody con- 
flict should draw into the strife the unruly elements of neighboring countries. 

This civil v/ar, though it is great in its proportions, and is conducted by 
armies that are in complete organization and directed and controlled by su- 
preme military authority, has not the safeguard of a cartel for the treat- 
ment of wounded soldiers or prisoners of war. 

In this feature of the warfare it becomes a diity of humanity that the civil- 
ized powers should insist upon the application of' the laws of war recognized 
among civilized nations to both armies. As our own people are drawn into 
this struggle on both sides, and enter either armjr without the consent of 
our CTOvernment and in violation of our laws, their treatment when they 
may be wounded or captured, although it is not regulated by treaty and 
ceases to be a positive care of our Government, should not be left to the re- 
vengeful retaliations which expose them to the fate of pirates or other felons. 

The inability of Spain to subdue the revolutionists by the measures a,nd 
within the time that would be reasonable when applied to occasions of ordi- 
nary civil disturbance is a misfortune that caii not be justly visited upon 
citizens of the United States, nor can it be considered that a state of open 
civil war does not exist, hut that the movement is a mere insurrection and 
its supporters a mob of criminal violators of the lav/, when it is seen that it 
requires an army of 100,000 men and all the naval and military power of a 
great kingdom even to hold the alleged rebellion in check. 

It is due to the situation of affairs in Cuba that Spain should recognize the 
existence of a state of war in the island, and should voluntarily accord to the 
armies opposed to her authority the rights of belligerents under the laws of 
nations. 

The Congress of the United States, recognising the fact that the matters 
herein referred to are properly within the control of the Chief Executive 
imtil, within the principles of our Constitution, it becomes the duty of Con- 
gress to define the final attitude of the Government of the United States to- 
ward Spain, presents these considerations to the President in supnort of the 
following resolution: 

^"Resolved by the Senate (tke House of Representatives concurring) , That the 
present deplorable war in the Island of Cuba has reached a magnitude that 
concerns all civilized nations to the extent that it should be conducted, if 
unhappily it is longer to continue, on those principles and laws of warfare 
that are acknowledged to be obliga,tory upon civilized nations when engaged 
in open hostilities, including the treatment of captives who are enlisted in 
either army; due respect to cartels for exchange of prisoners and for other 
military purposes; truces and flags of truce, the provision of proper hos- 
pitals and hospital supplies, and services to the sick and wounded of either 
army. 

'■'■Eesolved further, That this representation of the views and opinions of 
Congress bo sent to the President; and if he concurs therein that he will, in 
a friendly spirit, iise the good offices of this Government to the end that 
Spain shall be requested to accord to the armies with which it is engaged in 
war the rights of belligerents, as the same are recognised under the laws of 
nations." 

Tli9 VICE-PRESIDENT. The resolutions will be placed on the 
Calendar. 

Mr. CAMERON. J^rom the Committee on Foreign Relations I 
present the viev/s of the minority, accompanied by a resolution, 

2777 



Mr. LODGE. I ask that the views of the minority and the reso- 
lution may be reaxl. 

Mr. PLATT. i wish the Secretary, before he reads the views 
of the minority, v/ould read the resolutions reported by the ma- 
jority of tlie committee. They were not, I think, heard as read 
by the Senator from Alabama. 

The VICE-PRESIDENT. The resolutions reported by the ma- 
jority of the committee will be read. 

The Secretary read the resolutions appended to the report of the 
majority of the committee. 

Mr. CHANDLER. If the Senator from Pennsylvania has no 
objection, before the views of the minority are read I should like 
to hear the resolution which is proposed by the minority as a sub- 
stitute. 

Mr. CAMERON. That w^ill be found at the end of the views 
of the minority. 

The VICE-PRESIDENT. The resolution reported by the mi- 
nority v>all be read. 

The Secretary read as follows: 

Resolved^ That the President is hereby requested to interpose his friendly 
offices with the Spanish Government for the recognition of the independence 
of Cuba. 

Mr. PLATT. Now let the v^hole minority report be read. 
The VICE-PRESIDENT. The views of the minority will be 
read. 
The Secretary read the views of the minority, as follo%vs: 

VIEWS OF TEE MINOIIITY. 

After the cessation of our civil war we were called upon to take notice of 
the struggle in Cuba against Spanish rule which broke out in October, 1868. 
It is said that early in the year 1869 a proclamation was actually signed by 
President Grant recognizing the Cubans as belligerents, although the fact 
was known to very few persons. This proclamation was not promulgated, 
owing to the opposition of Secretary Fish. In December, 1869, President 
Grant, in his first annual messa,ge, called the attention of Congress to this 
struggle. He said: 

"For more than a year a valuable province of Spain, and a near neighbor 
of ours, in whom all our people can not but feel a deep interest, has been 
struggling for independence and freedom. The people and Government of 
the United States entertain these same warm feelings and sympathies for the 
people of Cuba in their pending struggle that they manifested throi:ghout 
the previous struggles between Spain and her former colonies in behalf of 
the latter. But the contest has at no time assumed the conditions which 
amount to a war in the sense of international law, or which would show the 
existence of a de facto political organization of the insurgents sufficient to 
justify a recognition of belligerence. The principle is maintained, hovv ever, 
that this nation is its own judge when to accord the rights of belligerency, 
either to a people struggling to free thejnselves from a government theV 
believe to be oppressive, or to independent nations at war with each other." 

He concluded that in due time Spain must find it for its interest to estab- 
lish its dependency as an independent power, which could then exercise its 
right of choice as regarded its future relations Avith other powers. 

The Cuban war which broke out in 1868 had been in existence for only nine 
m.onths when our Government felt the necessity of interference. Mr. Sickles 
was appointed our minister to Madrid in 1869, and instructions were given 
to him to submit propositions on the part of our Government, in order to 
bring to a close the " civil conflict " raging in Cuba. The part taken by our 
Government at that time in Cuban ali'airs is full of interest, not only as re- 
gards the engagement into which the authorities were Vi'iiling to enter, but 
also as respects the status which the instructions gave to the Cuban conflict. 
Our minister was directed to impress upon the Spanish mind " the advancing 
growth of that sentiment which claims for every part of the Americaji hem- 
isphere the right of self-government and freedom from transatlantic depend- 
ence." The good offices of the united States were offered to the cabinet a*i 
Madrid for the purpose of bringing tea close "the civil v,-ar now ravaging 
the Island of Cuba." The bases of settlement were: 

1. The independence of Cuba to be acknowledged by Spain. 

m7 



3. Cuba to pay Spain tin indemnity for her relfcquisliment of all hep riglits 
in the island. 

3. The aholition of slavery. 

4. An armistice pending negotiations of settlement. 

Our minister was also anthoriaed to state that if Spain insisted, our Gov- 
ernment might giiaTantee the pairment of tho indemnity hy Cuba. 

His attention was called particularly to the espression used iu the instruc- 
tions, "the civil war now I'avaging the island."' 

While this expression is not designed to grant any public recognition of hel- 
ligerent rights to the insurgents, it is nevertheless used advisably and in recog- 
nition of a state and condition of the contest which may not justify a much 
longer withholding of the concession to the revolutionary party of the recog- 
nized rights of belligerents. Should the espression, therefore, be commented 
upon you will admit what is above stated with ref-erence to it, and may add 
in case of a protracted discussion, or the prospect of a refusal by Spain to ac- 
cent the proposed offer of the Jnited States, that an earlyrecognition of bel- 
ligerent rights is the logical deduction from the present proposal, and will 
probably be deemed a necessity on the part of the United States unless the 
condition of the parties to the contest shall have changed very materially. 

iSTegotiations wore at once entered upon by our minister with the Spanish 
Government, and the proposition of the United States was submitted to Gen- 



intimated that autonomy to Cuba would be conceded as soon as hostilities 
ceased, but that Spain could not entertain the question of the independence 
of Cuba as long as the Cubans were in arms against the Government. He 
also declined to consider the Cubans as parties to be consulted in the nego- 
tiation. 

He was willing to assure Cuban independence if, after laymg down their 
arms, the Gvibans should vote for a separation, although he would not insist 
upon the necessity of such a vote. That for his part, if he alone Vv^ere con- 
sulted, he would say to the Cubans, "Go, if you will; make good the treasure 
you have cost us, and let us bring home our armj^ in peace, and consolidate 
the liberties and resources of Spain." Ha added that he had no doubt that 
whatever might be the result of the conflict, Cuba would eventually be free; 
that he recognized without hesitation the manifest course of events on the 
American Continent, and the inevitable termination of all colonial relations 
in their autonomy as soon as they were prepaa-ed for independence; but he 
repeated, that no consideration would reconcile Spain to such a concession 
until hostilities ceased. His language was: 

"''I do not flatter myself that Spain will retain possession of the island. I 
consider that the period of colonial autonomy has virtually arrived. How- 
ever the present contest may end, whether in the suppression of the insur- 
rection or in the better way of an amicable arrang'ement thi'ough the assist- 
ance of the United States, it is equally clear tome that the time has come for 
Cuba to govern herself; and if we succeed in putting down the insurrection 
to-morrow, I shall regard the subject in the same light, that the child has at- 
tained its majority and should be allowed to direct its o^vn aSairs. We ivant 
nothing more than to get out of Cuba, but it must be done in a dignified and 
honorable manner." 

Our Government saw the futility of accepting the conditions suggested by 
Spain. They recognized that nothing could bs effected by a plebiscite, and 
that the Cubans could not be induced to lay down their arms and trust the 
Spaniards to carry out their promises. Moreover, while the negotiations 
were in progress the public becam.e informed of them. Immediately a great 
excitement arose, communicated by the press, which disinclined the Spanish 
administration to pursiie the matter, and our Government, finding itself un- 
able to effect any good purpose, withdrew its offer of mediation. 

Mr. Sickles wrote Mr. Pish that Spain deprecated the expression of the 
sympathy of the Government and people of the United States for the cause 
of the revolxitionists, as well as the Pi-esident's declaration of the right of the 
Government of the United States to determine when it may rightfully pro- 
claim its neutrality in the conflict between a colony straggling for inde- 
nendence and the parent state. It is remarkable, was the comment of Mr. 
Sickles, that in all these discussions the fact is overlooked that Spain con- 
ceded the rights of belligerents to the Confederates without waiting for the 
outbreak of hostilities. 

" The Queen's proclamation of Jane, 1861, is forgotten; and the large and 
profitable commerce carried on between Habana and the blockaded ports of 
the South in enemies' ships, which changed their flags in Cuban waters, is 
quite ignored." 

On the failure of negotiations, the logical result of our action was to recog- 
nize the Cubans as belligerents engaged in a "civil war." As was said by 
Secretary Fish, the mere offer on our part to mediate as between the con- 
tending forces was in itself a concession of belligerencv and a recognition of 
2777 



that condition. But for various reasons this argument was not pressed by 
our Government. Although from mouth to month the aggressiveness of the 
revolutionists increased and their pov?er extended, our Government, .speak- 
ing through the State Department and the President, continued to inform 
the country that the Cubans had not reached such a condition as entitled 
them to be recognised as belligerents, although the Administration had 
already in instructions to our own minister to Spain recognized that condi- 
tion at a time when the revolution had hardly attained any headway. 

One of the reasons for this inconsistency was the expectation felt by our 
Government that Spain would voluntarily^ concede to the Cubans much that 
they were struggling for. Liberal ministries succeeded one another in Spain, 
each of which was more liberal tha,n its predecessor in promises of reform 
and recognition of the rights of the Cubans. Civil war broke out in Spain, 
and its Government became involved in such difficulties that ours was loath 
to press the subject of Cuba or to insist upon a speedy solution of the ques- 
tion. Mr. Pish was irritated by the operation of the Cuban junta in this 
country, which at times infringed our neutrality laws. He thought they 
should have confined their activity to sending to the insurgents arms and 
munitions oi war, v/hich he says they might have done "consistently with our 
ov.m statutes and with the law of nations. ' ' At home the Federal Administra- 
tion had to deal with the pressing question of the reconstruction of the South. 
The negro problem in this country was of such importance that the Admin- 
istration had no desire to add difficulties by undertaking to settle the negro 
question in Cuba. 

The action of our Government was in striking contrast to that of Spain in 
recognizing the Confederates as belligerents. Mr. Fish refers to this in a 
letter to Senor Roberts, the Spanish minister, in 1869: 

" The civil war in Cuba has continued for a year; battle after battle has 
been fought; thousands of lives have been sacrificed, and the result is still in 
suspense. But the United Sta,tes have hitherto resisted the considerations 
which in 1801 controlled the action of Spain and determined her to act upon 
the occurrence of a single bloodless conflict of arms and witliin sixty days 
fromits date." 

Six years later, in 1875, this Government was again on the point of inter- 
vening. In a dispatch from Mr. Fish, Secretary of State, to Mr. Cushing, 
then minister to Spain, the Secretary said that the condition of Cuba was the 
one great cause of perpetual solicitude in the foreign relations of the United 
States. He informed the minister that the President did not meditate the 
annexation of Cuba to the United States, but its elevation as an independent 
republic— 

" The desire of independence [the Secretary says] on the part of the Cubans 
is a natural and legitimate aspiration of theirs, because they are Americans. 
That the ultimate issue of events in Cuba will be its independence, however 
tha,t issue may be produced, whether by means of negotiation, or as the re- 
sult of military operations, or of one of those unexpected incidents which so 
frequently determine the fate of nations, it is impossible to doubt. If there 
be one lesson in history more cogent in its teachings than any other, it is that 
no part of America large enough to constitute a self-sustaining state can be 
permanently held in forced colonial subjection to Eurojje. Complete separa- 
tion between the metropolis and its colony may be postponed by the former 
conceding to the latter a greater or less degree of local autonomy, nearly ap- 
proaching to independence. But in all cases where a positive antagonism has 
come to exist between the mother country and its colonial subjects, where 
the sense of oppression is strongly felt by the latter, and especially where 
years of relentless warfare have alienated the parties one from another more 
widely than they are sundered by the ocean itself, their political separation 
is inevitable. It is one of those conclusions which have been aptly called the 
inexorable logic of events." 

Thus we have shown that already, in 18G9, when the revolution of the pre- 
ceding year had attained but inconsiderable loroportions, President Grant 
expressed his firm conviction that the ultimate result of the struggle for in- 
dependence would be to break the bonds which attached Cuba as a colony to 
Spain. President Grant announced the determination of our Government to 
intervene if the struggle in Cuba was not speedily terminated. It was pointed 
out that while the Spanish authorities insisted that a state of war did not exist 
in Cuba, and that no rights as belligerents should be accorded to the revolu- 
tionists, they at the same time demanded for themselves all the rights and 
privileges which flowed from actual and acknowledged war. That Cuba ex- 
hibited a chronic condition of turbulence and rebellion was due to the system 
pursued by Spain and the want of harmony between the inhabitants of the 
island and the governing class. That should it become necessary for this 
Government to intervene it would be moved by the necessity for a proper 
regard to its own protection and its own interests and the interests of 
humanity. 

The inhuman manner in which the war was waged and the shocking exe- 
cutions of natives and citizens of this country made an impression of horror 
on the world. 
2777 



The nicest sense of international rocmirements can not fail to perceive that 
provocation from Spain was overiooked by our Government for a longer 
period and with greater patience than any other government of equal power 
would have tolerated. A writer in the ijondon Times, in 1875, reflecting upon 
the possibility of Spain's overcoming the then insurrection, and on the pros- 
pect of onr interference, said: 

"WereC'aba as near to Cornwall as it is to Florida we should certainly 
look more sharply to matters of fact than to the niceties of intcrnationallaw. 
But everything, we repeat, depends upon these matters of fact. If Spain can 



to clearly understand that the tenure of her rule over Cuba depends upon 
her ability to make that rule a reaUty, she will not be slow to show what she 
can do, and the limits of her power will be the limits of her right." 

In 1869 Gen. Martinez Campos, the greatest soldier Spain possessed,, was 
sent to Cuba to make a final effort to bring hostilities there to a termination. 
He was not only a great soldier, but was believed to be a great administrator, 
and had the respect of all parties on account of his patriotism and integrity. 
He was afforded all the aid in the way of men and money which Spain could 
furnish. In 1S78 he succeeded in the so-called pacification, for which service 
he was raised to the highest pinnacle in Spain and made prime minister. He 
did not conquer the insurgents, but induced them to lay dov.rn their arms on 
conditions of peace which, as the Spanish administrator, ho undertook for his 
Government should be faithfully carried out. 

A treaty of peace was negotiated with the leaders of the revolution. In 
1879 General Campos wrote a long dispatch to his Government from the seat 
of his triumph, which at this day is e:stremely interesting, owing to the fact 
that the present war owes its origin to the same circumstances as caused the 
former outbreak. In this dispatch, stating the particulars of the pacifica- 
tion, General Campos gave an extended review of the situation in Cuba and 
of the terms of the treaty of peace and the negotiations wMch led thereto. 
This recital shows that General Campos believed, as was afterwards said by 
our minister, James Eussell Lowell, that the reforms he stipulated were 
necessary if Cuba was to be retained as a dependency of Spain, and, Mr. 
Lowell remarked, all intelligent Spaniards admitted that the country could 
not afford another war. As a reas'on for according conditions to the Cubans, 
General Campos sketched the motives of his policy: 

" Since the year 1869, when I landed on this island with the first reenforce- 
Eients, I was preoccupied with the idea that the insurrection here, though 
acknowledging as its cause the hatred of Spain, yet this hatred was due to the 
causes that have separated our colonies from, the mother country, augmented 
in the present case by the promises made ito the Antilles at different times 
(1812, 1837, and 1845), promises which not only have not been fulfilled, but, as 
I understand, have not been i^ermitted to be so by the Cortes when at differ- 
ent times their execution had been begun. 

"While the island had no great development, its aspirations were confined 
by love of nationality and respect for authority; but when one day after 
another passed without hopes being satisfied, but, on the contrary, the greater 
freedonfpermitted now and then by a governor was more than canceled by 
his successor; when they were convinced that the colony went on in the same 
way; when bad officia,ls and a worse administration of justice more and more 
aggravated difiiGulties; when the provincial governorships, continually grow- 
ing worse, fell at last into the hands of men without training or education, 
petty tyrants vrho could practice their thefts and sometimes their oppres- 
sions because of the distance at which they resided from the supreme author- 
ity, public opinion, until then restrained, began vehemently to desire those 
liberties which, if they bring much good, contain also some evil. * * * 
The 10th of October, 1863, came to open men's eyes; the eruption of the vol- 
cano in vv'hich so many passions, so many hatreds, just and unjust, had been 
heaped up was terrible, and almost at the outset the independence of Cuba 
was proclaimed." 

He showed the gains speedily made by the insurgents and the advantages 
they had by reason of the fainiliarity with the country, so that " they de- 
feated large columns with hardly a battalion of men. They almost put us on 
the defensive, and as we had to guard an immense property, the mission of 
the army became very difficult." He recounted his efforts to reestablish the 
principle of authority, but said that he had against him a " public spirit with- 
out life. Nobody had higher aspirations than to save his crop of sugar. In 
official regions the enemy was thought inferior, but the commanders gener- 
ally believed it unsafe to operate with less than three battahons; there was 
no venturing beyond the highways." 

He said little v/as gained by beating the enemy. What he needed was to 

exterminate them, and that he could not do. That had his responsibility 

been free of the Cortes and the Government he would in the beginning have 

ventured everything to secure peace— the disembargo of estates, a general 

2777 



pardon, the assimilation of Cuba -with Spain, orders to treat prisoners well — 
and to sliow that this was not weakness, but strength, there was "the argu- 
ment of his 100,000 bayonets." He finally related the terms by which he in- 
duced the Cubans to lay down their arms. All desired reforms were promised. 
Municipal law, the law bf provincial assemblies, and representation in the 
Cortes should be established; the Jurisdiction of the courts defined, tas laws 
settled, the form of contribution and assessments determined, schools estab- 
lished, the people to be consulted through their representative as to all thesa 
reforms and others, and they were not to be left to the will of the Captain- 
General or the head of a department. This summary is sufficient to indicate 
what was stipulated between the parties. Said General Campos: 

"■ I do not wish to make a momentary peace; I desire that this peace be the 
begianing of a bond of common interest between Spain and her Cuban prov- 
inces, and that this bond be dravni closer by the identity of aspirations and 
the good faith of both. Let not the Cubans be considered as pariahs or chil- 
dren, but put on an equality with other Spaniards in everything not incon- 
sistent with their present condition. Perhaps [he concluded] the insurgents 
would have accepted promises less liberal and more vague than those set 
forth in this condition; but even had this been done, it would have been but 
a brief postponement, because those liberties are destined to come for tho 
reasons already given, with the difference that Spain now shows herself 
magnanimous, satisfying just aspirations which she might deny, and a little 
later, probably ,very soon, would have been obliged to grant them, compelled 
by the force of ideas and of the age. Ivioreover, she has promised over and 
over again to enter on the path of assimilation, and if the promise were mora 
vague, even though the fulfillment of this promise were begun, these people 
would have a right to doubt our good faith, and to show a distrust unfortu- 
nately warranted by the failings of human nature itself. The not adding 
another 100,000 to the 100,000 families that mourn their sons slain in this piti- 
less war, and the cry of peace that will resound in the hearts of the 80,000 
mothers who have sons in Cuba or liable to conscription, would be a full 
equivalent for the paym.ent of a debt of justice." 

This debt of justice has not yet been paid. 

The highest Bparnsh authorities have been obliged to confess that the griev- 
ances of the Cubans are just and their aspirations for liberty legitimate. 

Marshal Serrano, In his ofncial report to the Spanish Government of the 
10th of May, 1867, said: 

" We are forced to acknowledge that in the last years the treasury of Cuba 
has been used abusively, which fs partly the cause of the crisis the islands go 
through now and of the exhaustion of its resources." 

Castelar, in 1873, while President, endeavored to convince Spain of the ne- 
cessity of making reforms demanded alike by " humanity and civilization," 
and he deplored making Cuba a " transatlantic Poland." In 187i our ministei' 
to Spain informed our Government that the entire unwillingness of Spain to 
do anything toward the amelioration of Cuba was shown by the fact that all 
the governments since the breaking out of the revolution in 1868 had promised 
to reform the administration, but that the situation of the island was worse 
than ever. And Secretary Fish informed the Spanish Government that most 
of the evils of which Cuba was the scene were the necessary results of harsh 
treatment and of the maladministration of the colonial government. 

In 1875 Mr. Gushing, then minister to Madrid, communicated to our Gov- 
ernment a large amount of evidence from Spanish sources showing the de- 
moralization existing in the administration in Cuba. The Spanish journals 
of that date openly inf orraed the central government that v,'ar in Cuba could 
never be ended until the vices of the tiltramarine administration were cor- 
rected and its moral tone raised. Spain was exhorted to make one supreme 
effort for the pacification of Cuba and its moralization. 

"The journals of all shades of opinion speak of the ofiicial corruption," said 
Mr. Gushing, "■' and iDeculations of the public employees in Cuba as a feature 
of the situation not less calamitous than the insurrection." He remarked 
that the burden of taxation had become intolerable, aggravated as it was by 
the frauds and wastes committed by_ almost everybody connected with the 
collection or expenditiire of the priblic moneys; that the abuses of adminis- 
tration, of which so much was being said at that time, were old, chronic, deep- 
rooted, and impossible of eradication under the colonial regime. " It would 
seem that each" of the ephemeral parties on attaining power, with a crowd of 
eager partisans behind it like troops of howling wolves, shakes off as many as 
it can upon Cuba." 

Notwithstanding that the public press did not cease to advise the Govern- 
ment that the immorality of the public administration of the island offered 
a vast field to censure, nothing was done to improve its condition. It was 
thought by the central government that it was only necessary by force to 
save Cuba to Spain. It was common remark, however, that the Government 
ought to sustain two campaigns in Cuba— one against insurrection and the 
other against corruption." Said Mr. Cushing: 

" So merely mercenary and so regardless of duty and the public weal are 
3777 



10 

many of the public ofiicers ^vlio go out to the island as to cause the saying to 
become current that on embarking they leave ail sense of shame behind them 
in Cadiz." 

And he observed that all testimony was unanimous as to the corruptions 
and the embezzlements of the administrations of Cuba. 

The testimony of Mr. Cushing is of the most convincing character, as he 
has never been accused of being unfriendly to Spain. That he did not drav?" 
a too highly colored picture of Spanish misrule is shown by the declaration 
of the minister of transmarine affairs at Madrid in an official paper quoted 
by Mr. Fish in 1874: 

"A deplorable and pertinacious tradition of despotism, which, if it could 
ever be justified, is without a shadow of reason at tlio present time, intrusted 
the direction and management of our colonial establishment to the agents of 



of its details, the domineering action of the authorities being'less felt, it still 
appears full of the original error, which is upheld by the force of tradition 
and the necessarj^ influence of interests created iinder their protection. A 
change of system, political as v>^ell as administrative, is therefore impera- 
tively demanded." 

It is needless to say no such change has been made. 

The Spanish Government to-day in Cuba is of the sam.e character as it was 
when Richard Henry Dana visited the island in ISS-i, "an armed monarchy 
encamped in the midst of a disarmed and disfranchised people; an unmixed 
despotism, of one nation over another." Dana warned the public against the 
testimony of Americans and other foreigners engaged in business in Cuba as 
to the condition of affairs there: 

" Of all classes of persons I know of none whose situation is more unfavor- 
able to the growth and development of sentiments of patriotism and philan- 
thropy and of interest in the future of a race than foreigners temporarily 
resident, for purposes of money-making only, in a country with which they 
have nothing in common in the future or the past. This class is often called 
Impartial. I do not agree to the use of that term. They are indeed free 
from the bias of feeling or sentiment, but they are subject to the attractions 
of interest. It is for their immediate advantage to preserve peace and the 
existing order of things." 

That the condition of Cuba had not improved prior to the present war is 
shown by a report of our consul-general at Habana to the State Department 
in 1885. This stated that the entire population, with the exception of the 
offlcial class, was living under a tyranny iinparalleled at this day on the 
globe. 

" There is a system of oppression and torture which enters into every phase 
of life, eats into the soul of every Cuban, mortifies, injures, and insults him 
every hour, impoverishes him and his family from day to daj-, threatens the 
rich man with bankruistcy and the poor man with beggary. The exactions 
of the Spanish Government and the illegal outrages of its oificers are in fact 
intolerable. They have reduced the island to despondency and ruin. * * * 
The Government at Madrid is directly answerable for the misery of Cuba 
and for the rapacity and venality of its subordinates. * * * No well-in- 
formed Spaniard imagines that Cuba will long continue to submit to this 
tyranny, or at least that she will long be able to yield this harvest to her op- 
pressors. Spain cares nothing whatever for the interests, the prosperity, or 
the sufferings of her colonj^. The Government does almost nothing to amel- 
iorate any of the evils of the country. The police are everywhere insufiicieut 
and inefficient. The roads are no roads at all. Every interest which might 
enrich and improve the island is looked upon by the officials as one more mine 
to exploit. * * * Cuba is held solely for the benefit of Spain and Spanish 
interests, for the sake of Spanish adventurers. Against this all rebel in 
thought and feeling if not yet in fact and deed. * * * They v/ish protec- 
tion from the grasping rapacity of Spain and see no way to attain it except 
by OUT aid." 

He concluded that from the general misery war must ensue of such a sav- 
age character that the world would be shocked and the United States would 
be compelled from sheer humanity to interfere and save a, country which 
Spain would be unable either to control or to preserve. He had learned from 
many quarters that in any future attempt to change the condition of affairs 
all the inhabitants would go hand in han^; " it is generally understood that 
the permanent white population is of one mind." 

While some of the reforms stimulated for by the Cubans and engaged to be 
carried out by General Campos in 1879 were nominally granted, they were all 
substantially withheld. The central government did not feel itself bound, 
after the cessation of hostilities was secured, to perform the conditions by 
which that result was brought about. Our consul-general reported (1885) 
" that the island is worse governed than at any previous period of its his- 
tory." 

mi 



11 

" C'lTba, it was determined, must pay the entire cost of the war. At the 
time when the fostering care of the Government was most needed to heal the 
wounds inflicted by the war, when every interest was prostrate and every 
business suffering, new and enormous taxes w«re imposed. * * '■• a. wai- 
tax of the most exaggerated character v»^as laid. Every business, trade, art, 
or profession is taxed in the proportion of from 23 to 33-J per cent of its net 
income. * * * All ordinary mercantile business and all the petty trades 
and employments of the country are separately suffering. All participate in 
the common distress." 

He stated that the absolute legal tax imposed on the island was only a part 
of what the wretched and impoverished inhabitants were corapelled to pay. 

" It is a matter of notoriety that illegal charges are constantly made and 
then taken off for a bribe. The hordes of officials who batten like hungry 
beasts on the vitals of Cuba make no pretense of honesty except on paper. 
The highest ofiflcers, when they chance to be better than their subordinates, 
admit the character of their inferiors; more often they share it. * * * 
The present state of things can not continue. Some change amounting al- 
most to revolution is inevitable. \Yhat with governmental oppression and 
illegal tyranny, emancipation, brigandage, low prices for sugar and high taxes 
on everything, the ruin of the island ia already almost consummated. She is 
absolutely incapacitated for rendering the revenue demanded or supporting 
the army of officials who keep her prostrate in her agony." 

Shortly after Mr. Blaine became Secretary of State, in the Administration 
of President Harrison, it was the subject of consideration whether Spain 
could be induced to acknowledge Cuba as independent should the United 
States agTee to guarantee the surn to be paid by Cuba for the relinquishment 
of all Spanish rights in tho island. This movement was made by the sugar 
planters, and it was thought that the entire sugar interest would support it. 
Sir. Blaine announced himself warmly in favor of the project, but after long 
conferences it was ascertained that the consent of Spain could not bs ob- 
tained. 

In truth, the pacification effected by Martinez Campos in 1878 was hardly 
efficient even as' a truce. The reports of our consular agents, the testimony 
01 travelers, the avowals made in the Spanish press, and the constant evidence 
almost daily recurring in the Cuban press, show that between 1878 and 1S95 
Cubci enjoyed little iDeace or repose. Brigandage, which was merely one form 
of pubhc discontent", never ceased. Only the presence of a very large Span- 
ish army prevented organised war. 

The danger and the scandal of the Cuban situation have been such as can be x> 
compared with nothing but the condition of Armenia. So serious did they 
become, and so imminent was the peril, that in 1894-95 the Spanish Govern- 
ment at last adopted measui'es looking to the partial satisfaction of Cuban 
demands. These measures we need not discuss. They were held by the old 
instu-gent party to be illusory and deceptive. Another attempt at independ- 
ence was decided upon, and in February, 1895, the present "sanguinary and 
fiercely conducted war " broke out, " in some respects more active than the 
last preceding revolt." In thus characterizingthe situation in Cuba as a state 
of war. President Cleveland, like Secretary Fish, has cleared the subject of 
all preliminary doubts. A state of war exists in Cuba, With that, and with 
that alone, we have to deal. 

The precedents are clear, and if our action were to be decided by precedent 
alone, wo should not be able to hesitate. The last great precedent wa^ that 
of the civil war which broke cut in the United States in the spring of 1861. In 
that instance, without waiting for the outbreak of actual hostilities, further 
than the bloodless attack on Fort Sumter and its surrender April 13, 1861, the 
British Government issued its proclamation of neutrality on the ISth of May 
following, before it had received official information that war existed, except 
as a blockade of certain insurgent ports. The French Government acted in 
concert with Great Britain, but delayed the official announcement_until J une. 
The Spanish Government issued its proclamation of belligerency June 17, and 
the first battle of our v/ar was not fought until July 21, or known at Madrid 
until August. 

In this great instance the outfc-eak of insurrection and tho recognition of 
belligerency were simultaneous. The United States protested against the 
precipitancy of tho act, and have never admitted its justice or legality. 
Neither in 1889 nor in 1895 did the President enforce the precedent against 
Spain in regard to the insurrection in Cuba. M"ot even in 1875, when the in- 
surgents held possession of a great part of the island and seacoast, with no 
restraint but the blockade, did the United States recognize then- belligerency. 

Yet belligerency is a question of fact, and if declared at all it should be 
declared whenever the true character of neutrality requires it or the exi- 
gencies of law need it. The nature of such action may bo political or legal, 
or both. As a political act, impartiality requu-es that belligerency should be 
recognized whenever, existing in fact, its denial is equivalent to taking part 
with one of the belhgerents against the other. In such cases the unrecog- 
nized belligerent has just ground for complaint. The moral support of the 
2777 



12 

neutral government is given -^vholly to its opponent. That the Cuban in- 
surgents were belligerents in fact as early as 1869 \y?^s expressly stated by 
Mr." Fish when he explained the meaning he attached to his phrase regard- 
ing " the civil war now ravaging the island." The word " war " in such con- 
ditions necessarily implies the fact of belligerency. President Cleveland, in 
liis annual message of last month, informs us that the present war is more 
active than the preceding one. 

Nevertheless, our Government has still refrained from what Mr. Pish 
called "any public recognition of belligerent rights to the insurgents." No 
legal necessity arose to require it, and the political exigency was not absolute. 
3; et, after the victory of Bayamo, in the month of July last, when the insur- 
gents defeated and nearly captured the Captain-General, Martinez Campos, 
and gained military possession of the whole eastern half of the island, the 
fact of their belligerency was established, and if further evidence was needed 
it was fully given by the subsequent victory at Coliseo, on the 24th of Decem- 
ber, when the insurgents drove the Captain-General back to Habana and 
gained military control of the western provinces. 

If the Government of the United States still refi'aiued from recognizing the 
belligerency of the insurgents after this conclusive proof of the fact, the rea- 
son doubtless was that in the absence of any legal complications the question 
became wholly political, and that its true solution must lie not in a recogni- 
tion of belligerency, but in a recognition of independence. 

In 1875, when the situation was very far from being as serious as it is now. 
President Grant, after long consideration of the difficulties involved in pub- 
lic action, decided against the recognition of belligerency as an act which 
might be delusive to the insurgents and would certainly be regarded as un- 
friendly by Spain. He decided ui>on a middle course. The documents above 
quoted show that he proposed to the Spanish Government a sort of interven- 
tion which shoi^ld establish the independence of Cuba by a friendly agreement. 
In doing so he not only necessarily recognized both parties to the conflict as 
on an equal plane, but he also warned Spain that if such mediation should not 
be accepted, direct intervention would probably be deemed a necessity on 
the part of the United States. 

Spain preferred to promise to the insurgents terms so favorable as to 
cause for a time the cessation of hostilities. Since then tv/enty years have 
passed. The insurrection, far from having ceased, has taken the propor- 
tions of a war almost as destructive to our own citizens as to the contending 
parties. The independence of Cuba was then regarded by the President of 
the United Sbates as the object of his intervention, and has now become far 
more inevitable than it was then. Evidently the Government of the United 
States can do no less than to take up the subject precisely where President 
Grant left it, and to resume the friendly mediation which he actually began, 
with all the consequences which necessarily would follow its rejection. 

Confident that no other action than this accords with our friendly relations 
with Spain, our .just sympathy with the people of Cuba, and with our own 
dignity and consistency, I recommend the f o'llowing resolution to the con- 
sideration of the Senate: 

" Resolved, That the President is hereby requested to interpose his friendly 
■ofiflces with the Spanish Government for the recognition of the independence 
of Cuba." 

Mr. ALLEN. What order was made concerning the report of 
the Committee on Foreign Relations with reference to Cuba? 

Mr. MORGAN. It goes to the Calendar. 

Mr. ALLEN. And will be printed? 

The VICE-PRESIDENT. The report ^vill be printed, as well as 
the views of the minority. 

* « 'X » «- •» -::• 

February 5, 1S96. 

Mr. MORGAN. On the 29th day of January I had the honor 
to report certain concurrent resolutions from the Committee on 
Foreign Relations relating to Cuba. That committee now direct 
me to report a resolution as a substitute for the previous report. 
I take the liberty of saying that I concur in the substitute of the 
committee, which I ask to have read. 

The concurrent resolution reported as a substitute was read, as 
follows: 

Besolvecl by the Senate (the House of Representatives concurring). That, in 
the opinion of Congress, a condition of public war exists between the Govern- 
ment of Spain and the government proclaimed and for some time maintained 
2777 - 



13 

by force of arms by the people of Cuba; and tliattlie United States of Amer- 
ica should maintain a strict neutrality between the contending powers, ac- 
cording to each all the rights of belligerents in the ports and territory of the 
United States. 

Mr. MOBGAN. Tlie report heretofore made as a declaration 
of facts, of conrse, Vvill remain as a part of this report. 

The YICE-PPvBSIBENT. What disposition does the Senator 
from Alabama ask to have made of the resolution now reported? 

Mr. MOEG-AN. I merely asli that it be placed on the Calendar. 

The YICS-PBESIDEiSrT. The resolution wHl be placed on the 
Calendar. 

Mr. CALL. I desire to give notice that I shall ask the Senate 
to take up for consideration the report made by Hxe Coinuiittee on 
Foreign Selations in regard to Cuba as soon as I can get the atten- 
tion of the Senate to the matter. 



February 20, 1S98. 

Mr. MOEQ-AN. Mr. President, this is an occasion which re- 
quires from Congress and the President the utmost degree of de- 
liberation and circumspection. Great events may hinge upon our 
action here, events of great magnitude, considered v/ith reference 
to the national espenditures of money and lives fn the possible 
occurrence of war. 

in the opening of my remarks i wish to say that after a calm and 
almost a reluctant examination of this very serious situation I 
believe the possibilities of a war with Spain growing out of our 
action ought to be discarded from our consideration, as aiiecting 
our action, because we shall not give to Spain any just cause of 
offense in anything that vv^o may do, whether it is the recognition 
of the belligerency of Cuba or whether it is the recognition of 
the independence of that republic. We can neither abate nor 
avoid nor run away from duties that are incumbent upon us by 
considering what impression they may make upon any other coun- 
try, provided the motive of our action is such as is required and 
iustined by the demands of our ov/n country by its historical 
facts and the reminiscences, traditions, and sentiments of our 
people. 

v/e ha,ve not heretofore occupied, nor do we now occupy, an 
inimical position toward the G'-overnment of Spain. I do not use 
the word "hostile," because there is nothing approximating that 
thought in our present attitude or in our past history, except 
upon occasions vmen we have had cause of special complaint 
against her or she against us. We do not occupy now a position 
that is even inimical to Spain, and yet it must be admitted that 
Spanish monarchy is not a form of government, or that it has ^ 
ruled in its colonial possessions in Cuba or elsewhere in South \ 
America, when it had sovereign powers on this hemisphere, in a- 
way that is agreeable to our people. We do not, of course, admit 
that the Spanish monarchy, in its rule of its colonies, had the ap- 
- probation or the affectionate regard of the American people in the 
X^ast, or that it is likely in the future to meet with the approbation 
of a government like that of the United States and of people such 
as we have. ¥y"ehave our own institutions, our ov,m surroundings, 
our ov/n destiny, and our own means of accomplishing that des- 
tiny under the providence of God, and our responsibility as a na- 
tion is to the Great Ruler of Events, and secondarily to the opinion 
of the other nations of the earth. 
2777 



14 

So, ill tlie consideration of this question, I hope it will be i)er- 
fectly understood that the Committee on Foreign Relations, v/hose 
resolution I have the honor to advocate at this moment, have not 
Deen animated in the slightest degree by any sense of wrong or 
injustice intentionally done by the Spanish Government to the 
Government of the United States now or heretofore. There is 
nothing in our action that partakes in the least degree of retalia- 
tion. Our action is controlled, as far as v^eare able to shape it, 
entirely, as I have remarked, by the consideration of what is due 
to our own Government and our own people under a very p&culiar 
relation that we hold to the government and j^eople of Cuba, 

in the consideration of this question the Committee on Foreign 
Relations have found themselves al)le to separate themselves en- 
tirely from all considerations except those Vv^hich I have indicated 
as the basis of our action. V/hen this Congress met, petitions and 
memorials from different persons and communities, from societies 
and legislatures of the States, flooded in upon the Senate and upon 
the House. They reached the table of the Senate and were referred 
to the Committee on Foreign Relations until they amounted to a 
great number. 

The pressure of these various proceedings on the part of the peo- 
ple of the United States was very heavy upon both Houses, and 
doubtless upon the Executive also. The Committee on Foreign 
Relations of the Senate, not desirous of repressing or resisting 
these demands from the people of the United States, have still felt 
that the gravity of the occasion required them to give a very care- 
ful investigation to the whole question as far as we were in the 
possession of means to understand it. I must confess that the 
information v/hich we possess on that subject is not perhaps offi- 
cial. It is in a large sense accurate; in my opinion, it is altogether 
credible. Yet it has been gathered from various sources, aji im- 
portant part of it from certain jDersons delegated by the govern- 
ment of the Republic of Cuba to visit the LJnited States and to 
present to the Executive and to Congress a full statement of the 
actual situation in Cuba, both as to civil affairs and the military 
situation. 

After patient examination of these various documents and com- 
paring them with such information as we could gather from the 
statements in the public prints, to which credit was given by the 
jDress and the United States almost v/ithout dissent, the commit- 
tee feel that they have reached a ground upon which they ca,n 
stand firmly in presenting for the consideration of the Senate the 
action that is proposed in the resolution v/hich has been presented 
to the Senate in behalf of the majority of the committee. 

I think the demands of duty have been growing more serious 
upon the committee, as they have upon the Senate and upon the 
country, from day to day by a fuller and a better understanding 
of the actual situation as betv/een Cuba and Spain. Surrounded 
as that island is by the Spanish navy and under the censorship 
exercised over all communications which have been permitted to 
come to the United States, it has only been occasionally tha.t we 
have had the means of access to those private sources of informa- 
tion from which, after all, we can derive the truest view of the 
real situation in Cuba. 

This embarrassment has retarded the committee in its action 
very properly; but we have not come before the Senate without 
he'wg persuaded, fully persuaded, that we have quite sufScient 
2777 



15 

information of an antlientic and reliable cliaracter upon wliick to 
base the report that we have made. 

Before going into tlie argument of that^ report: I wish to miake^ 
some statements in regard to tlie law npon this question. I woiild 
■be.gin, Mr. President, by defining what is a state of bellig*ereney 
when it is recognized by one government in favor of another, and 
what are the consequences of it. When any insurrection has^ 
grown to the magnitude of a public civO war and has so impressed 
itself upon other nations of the vrorld as to convince them that- 
they would be justified in recognising the existence of a civil war,; 
it then becomes the privilege and, in the Christian sense and in the 
sense of modem international law, the duty of civilized govern- 
ments to recognize the state of belligerency as esisting. 

No nation can proceed against its ov'n people in such a way as 
to hold them amenable to the psjins and jpenalties of felony or pi- 
racy or ignominious punishment after those people, animated by a 
desire for liberty, have concentrated their eSorts in tlie assem- 
blage of larg-e masses for the laurpose of achieving liberty and inde- 
pendence, and have so far been able to concentrctte and orgamze 
their power as to present important armies in the field of military 
exploit^ such armies organized regularly under military laxf,. di- 
vided into corps and other subordinate divisions of an army, reach- 
ing down to the company orgsniisation. and controlled by supreme 
military authoritj', as the ruling power and lav/ of these collections 
of armed men are capable of conducting war and are entitled to the 
recognition that is accorded to regular armies in the laws of na- 
tions. When these things have atta,ined to that degree, a man 
engaged in those ranhs hj enlistment elianges his character from: 
that of a felonious rebel or insurrectionist into the higher char- 
acter of a soldier, and the civilized nations of the earth feel it in- 
cumbent upon them, in honor and in duty, to recognize that man 
as a soldier, entitled to the protection of the laws of civilized war. 
This is a direct purpose of the resolutions under discussion, and it 
has every sanction of justice ana benevolence. 

It must be remembered, Mr. President, that armies are com- 
I)osed., after all, not of ofncers alone, but of soldiery as well. They 
are led and. commanded by ofiicers, but the soldiers do the march- 
ing, bear the guns, do the fighting, fill the graves and the hos- 
pitals, and when they are captured fill the prisons. 

It must also be remembered that goveriT:ments de facto exist and 
are recognized the v/orid over, and have been reeogniized for many 
ages, and that governments de facto, whether they are considered 
in the militaiy or in the civil sense, while they have rale and 
supremacy in a, certain area of country, have the right to demand 
the services of the people over whom they are instituted and to 
impose duties upon them to the extent of enlisting them in the 
armies, to the extent of taking their property for military pur- 
poses or government purposes, and even to the extent of com- 
manding their allegiance and their support; and that the civilized 
nations of the earth extend to people thus put under the dominion 
of de facto power the correlative right of protection in their j^er- 
sons and property, without being held liable criminally for their 
acts of obedience to that government. 

That is the same law, sir, that applies in civil and military es- 
tablishments, and where any body of citizenship have collected 
together and armed and organized themselves into a military 
power, and they have dominion over a given area of country,, the 
2777 



16 

people who a,re %Yitliiii the influence of that dominion are justified, 
tinder the laws of nations everywhere, in rendering obedience and 
even svipport to that power. Wlien a man enlists in an army thus 
constituted, which has the power of supreme authority in his 
vicinity, and he i^uts upon himself the insignia of a soldier, and 
talies his arms and makes his enlistm.ent and swears his allegiance 
to the flag that is over him, as he can be compelled to do by a 
power that he can not resist, that man's character, in the eye of 
the laws of nations, changes from the private rebel or insurrec- 
tionist into that of a soldier, and he has the right to the protection 
that tiie laws of civilized warfare give to soldiery. The world has 
too much need of the services of the soldier to permit that service 
to subject him to the penalties of infamous punishment when he 
is captured in open war. 

What is the consequence of the position I have just been attempt- 
ing to discuss, if it be true? It is, of course, that a Cuban taken 
in^a-ms. under the existing state of affairs in that island, is not 
amenable to trial and execution, we will say, by drum-head court- 
martial or by any summary proceeding, or any other proceeding. 
He can not be justly considered as being a felon— a man who has 
compromised his relations with his former Government to that 
extent that he is entitled only to bear the ignominy of a felonious 
conviction, with imprisonment for the remainder of his life, and 
his children doomea to follow him in wearing this stained gar- 
ment of reputation. 

This is the condition thajt Spain imposes upon native citizens 
who resist tja-anny, in obedience to God, rather than endure it 
through fear of terrible persona,! sufferings. Driven to v^ar by 
relentless oppression, the world is asked to deny them the rights 
that belong to armies in the field, because Spain chooses to denounce 
them as robbers. 

If the Government of Spain could make up its mind to recog- 
nize the existence in Cuba of an insurrection, if they please to 
call it such, which has reached the proportions of a general civil 
war Vv'itli organised armies, by that act they vv'ould place them- 
selves in line with the opinion and conduct of other Christian 
powers and they would concede to the soldiery who might be in 
the Cuban army the rights of belligerency, just as was done during 
the period of the civil war in the United States. Neither party 
suffered from that course of civilized warfare. But Spain obsti- 
nately refuses to do this. 

Is there a,ny doubt, Mr. President, can there be any doubt, that 
the wa,r in Cuba has attained to that magnitude in which it 
becomes the duty and 'the wisest policy of Spain to make this 
acknowledgment in behalf of the Cuban insurrectionists? There 
can be no doubt about it. 

The President of the United States, in his last annual message 
to the Congress, describes this as a bloody war, a public vv^ar, no 
longer a mere insurrection, no longer a mob or an embroilment of 
citizens without organization, for the purjpose of v^^reaking some 
revenge or for the purpose of displacing some officer who may be 
offensive to them in the civil or military government of Cuba; 
nothing of that kind, it is an open, public war, and the fact is so 
plain, so manifest, in tiie history of which we are perfectly cogni- 
zant, that the question does not admit of debate. 

We, therefore, in the progress of our consideration of this ques- 
tion, can advance to that ground with absolute confidence that 
this is a public war, and that in this public war it is the duty of 
2777 



17 

Spain to make a concession in favor of tlae otliei- belligerents to 
the effect that the people who are engaged in that arrny by regu- 
lar enlistment are soldiers and shall have the treatment of soldiers. 

If Spain should do snch a thing as that, Mr. President, that 
wotild be a recognition by the sovereign of the belligerent rights 
of these people who are fighting aga,inst her flag and fighting for 
their independence; and in that view there would be no occasion, 
certainly no necessity, for the Government of the United States 
or any other government to interfere for the purpose of securing 
to the soldiery in those armies the benefits, whatever they may 
be, of civilized warfare. Spain has not done this; Spain does not 
intend to do this. Spain tills to repletion her prison in Africa 
with persons captured out of the army of the rebels; she fills 
Morro Castle, Puerto Cabanos, and all other prisons of which she 
has the coiitrol with these victims caught from the other army, 
who are ta.ken when caught and by a sumniary process are con- 
demned to life servitude in these terrible i)risons, if, indeed, they 
are permitted to live. 

If we are ever called in question for making a humane declara- 
tion in favor of these victims_, we shall be, fortunately, supported 
by an array of facts that v/ill call forth the sympathies of all 
Christendom. As the action we propose is based on justice and 
our regard for human rights, our sympa,thy for the oppressed 
needs not to be justified at this time by a recital of all their wrongs 
and sufferings. 

Spain inflicts upon them penalties under the name of law v/hicli 
their crimes v/ould not deserve, even if they were individiiais en- 
gaged separate and apart, or in little squads, in insurrection 
against the Government of Spain; but being soldiers, and having 
enlisted in a place and at a time and under circumstances and for 
purposes which recommend them to the fair and favorable consid- 
eration of mankind, it becomes the duty of the civilized govern- 
ments of the world, so far as they are able to effect or accomplish 
anything in that direction, to say to Spain: "We recognize the 
belligerent rights of the people under ai-ms in that country who 
call themselves citizens of the Republic of Cuba." 

I trust that I have brought out in this way, in rather simple 
form, the real ground upon Vvdiich the United States and every 
other country has the right to intervene to the extent, at least, 
that this resolution proposes. It is in behalf of mercy; it is in 
behalf of justice; in this particular case it is in behalf of liberty, 
and, more than that, it is in behalf of the kind of liberty which 
W8 enjoy; it is in behalf of that kind of liberty where the people 
themselves furnish the governing power and where they dispute 
the right of monarchy to govern them at will and pleasure. So 
there is everything in the situation of the case which is attractive 
to the American people to induce us to occupy that ground which 
is justified, not merely by our predilections or our sympathies, 
but that ground v/hich is justified by the laws of vfarfare; modern, 
civilized v/ar, as it is described in the books on international lav/. 

I therefore assume, Mr. President, without stopping to debate 
it particularly, that the Government of the United States has the 
right, and that it is our duty, and that it accords with our senti- 
ments, and that it justly stirs the blood in our veins when we 
make this declaration and say to Spain: "You have long enough 
lacerated these pteople in your efforts to destroy them under tbe 
plea of quelling insurrection. Nov/ they are entitled to bellig- 
erent rights, and we intend, so far as v/e are concerned, to give 



them that recognition by expressing otir opinion here that they 
are so entitled; and vvdien we have made that recognition, we in- 
tend to be bound hereafter, just as we have been in the past, hj 
otir own laws and also by the laws of the nations of the earth — 
the international laAV — to maintain perfect nentrality betv\^een 
these recognized belligerents, doing no favor to either that is not 
permitted by the laws of war, by international law, and denying 
to neither of them the privileges v/hich they have the right to en- 
joy as belligerent powers." That is our attitude. 

I now come back to the first proposition with which I started 
out: Can Spain rightfuUj^ assume that in our taking that course 
on an occasion like this there is any menace against her or any 
act which is inimical to her dignity and power, her jurisdiction, 
or her sovereignty? No; and if she desires to take offense where 
none is intended, and none is really given, all that we can say is, 
"You will have to take offense; but v^e had rather that you 
would take offense at our attitude as a Government than that'the 
God of nations and the human family should take offense at our 
silence and our indifference in the presence of this wrong. We 
have got to choose an attitude here which you have forced upon 
lis by your misgovernment in Cuba, or otherwise we shall not 
take that position which is becoming to a great Republic and an 
honest, upright, and courageous people; and, having taken that 
attitude without enmity toward you, if you choose to embroil us 
on that account, why, simply we can not help it. You embroil 
us, if you ever do so, because we do our plain duty, and no more." 

We must determine for ourselves whether it is just that we 
should accord, on our i^art, and under our laws, the rights of civ- 
ilized warfare to a great body of people in Cuba who have resisted 
the whole power of Spain for more than a je&v and increase in 
numbers and miiitarj'- strength vv^ith every day that passes. 

I now come to the consideration of what would be our position 
when we recognize the belligerency of the Cuban Republic, for that 
is what I style it, that is what they style it tliemselves, and I think, 
before I get through with my argument, i shall show that they 
have ample reason for calling themselves, with proud satisfaction, 
the Republic of Cuba, for, if it be not now a republic in full de- 
velopment and in the majesty of power which it seems destined to 
enjoy some day, it maybe another Moses in his basket among the 
buUrushes, and after a while it will come to light, and the world 
will rejoice in the presence of that new republic. 

We have a number of remarkabl}^ stringent statutes upon our 
statute book for the protection of other countries surrounding us. 
by enforcing upon our people the doctrines of international law, 
which are called neutrality. One who reads our statute book and 
compares it with that of almost any other country in the world, 
I think, will be surprised at the stringency with which we guard 
against the interference of our i^eople in any v/ar which may take 
place in any country foreign to us. We have had on both sides of 
us nations which we have been compelled to protect by these stat- 
utes — Canada on the north, Mexico on the south v/est, and more 
particuJarly Cuba on the south. This code of laws, strong and 
urgent and stiingent as it is, was never suggested to the Congress 
of the United States by the enmity of our people toward any other 
nation in the world. 

It is not our inherent trouble, it is not the drift of our people 
in the direction of maraud and robbery and interference with f or- 
2777 



19 

eign governments wMcli lias caused tliis legislation to be placed 
upon the statute book. We have a conservative people, a law- 
abiding, lav^making, lavz-loving people; and v/hen you place a 
qiiestion of foreign relations or foreign troubles or difficulties be- 
fore the mind of a,n American, you ahvays find him looking at it 
with cool circumspection, ready to participate when duty demands 
it, but not ready to participate as a mere filibiister or as a mere 
aggressor upon the rights of foreign people. That is not a char- 
acteristic of our people that these statutes were put upon the 
statute book to hold in check or to correct. If we had been as in- 
sular as Great Britain, vre should have needed none of those stat- 
utes with whicii to control our people. These laws have been put 
upon our statute book for the protection of our neighbors. 

It has been, I think, only on one occasion, or perhaps two, that 
we have had any necessity for resorting to them in reference to 
our relations with Canada, We have had more frequent neces- 
sity to appeal to those laws in our relations with Mexico, but a 
still more frequent a,nd still more painful necessity of appealing 
to them with reference to our relations with Cuba. This gradua- 
tion of the necessity v/e have been under of applying those laws is 
a sufScient indication of our appreciation and that of our people 
at large of the charactsi'istics of those Governments. 

People v/ho conduct good government have the friendship of 
the American people, while those who rule tyrannically incur 
their displeasure. 

Canada is self-governing; she has a race of people very nmcli 
like ourselves, very close akin to us. Mexico differs from Canada 
in that respect; and in consequence of some misfortunes, which 
crept into her constitution, and which she has only recentlj^ got- 
ten rid of, Mexico has been so often in such a state of tiu'bulence 
that it was necessary that the Government of the United States 
should exercise extraordinary supervision over her own people to 
keep them from going down there and participa,ting in the insur- 
rections and rebellions which have so often occurred. 

Y/hen we get to Cuba, Mr. President, an island which is access- 
ible only by the sea, guarded by a great monarchy, our people, 
when they have invaded or attempted to invade that island, have 
not gone there for the piu'pose of robbery. They have not gone 
there because they wanted to impose our institutions upon Cuba. 
Very few Americans, indeed, even the v.dldest of them, and in the 
most exaggerated condition of what I might call their covetous- 
ness of power and wealth, have ever thoug-ht about going to Cuba 
for the purj)ose of acquiring it and. a,nnexing it to the United 
States. \'*7'hiie our people desire the independence of Cuba, very 
few of them desire its annexation. 

Whj' is it, then, that we have had to keep these laws on the 
statute book, and that every time an outbreak has occurred in 
Cuba the first thing which has been done by the Presid.ent of the 
United States was to issue a most radical proclamation, v/arning 
our ijeople and forbidding them in the strongest possible manner 
from going into the Island of Cuba and from violating our laws 
intended to prevent them from doing so? What has caused this? 
It has been, on every occasion, some wrong done hj Spain to the* 
Cuban people, the recognition of w^hich we could not shut out 
from our own consciences and our own hearts. We have stood 
here as a guard, as a picket post, as an outline of defense of the 
Monarchy of Spain through the medium of these laws and tho 
ST77 



20 

proclamations of Presidents of tlie United States for very nearly 
a century, during vvhich period of time five great insurrections or 
revolts have occurred in Cuba. 

Vfhat has it cost us thus to guard a people v/hose resentments 
have been so justly escited, but are reluctant to interfere with 
foreigners or with foreign Governments? Y7'hat has it cost us to 
keep in checlv: and hold down the Cuban refugees who have come 
to the United States from time to time, driven out of the islands 
by the stress of loersecution'r' Think of the lives of American citi- 
zens that have been sacrificed; tliinl-: of the men who have been 
leaned v.-p against adobe walls before smirise in the morning and 
shot to death by Spain because, following their sympathies, they 
felt that they could go to Cuba and give a helping hand to their 
relatives, their own blood kindred, in the Island of Cuba, who 
V\^ent there, as Lopes did, for the purpose of relieving his own rela- 
tives from these barbarities. 

What has it cost us? In money, Mr. President, a very large 
sum; in blood, a very great treasure; in anguish of feeling, an 
unutterable thing; in national distress, great discomfort; in our 
commercial relations with Cuba, and even with other parts of the 
earth, immense losses; in the honor of our flag, frequent searches 
and visitations, outrageous wrong, which we have put up with 
for the time being rather than to resent, because we preferred 
peace to war, although there might have been an occasion when we 
should have been entirely justified in going to war. That is what 
it has cost us; that is what it is costing us noTv. The record of 
our losses and of our sufferings and of our wrongs, wrongs to our 
own people which have been inflicted upon them through the 
cruelties of Spanish dominion in Cuba, is a record which, if it 
were written up consecutively, would astonish the world. 

Mr. President, if the Island of Cuba Vv'ere as close to Great Brit- 
ain as it is to the United States and the same wrongs had been 
done there that have been perpetrated against our neighbor, who 
can fail to miderstand what would have been the fate of Cuba? 
Great Britain would have absorbed her a century ago or more. 
She would have said to herself as she has said in respect to Ire- 
land, but with extreme injustice with regard to Ireland, "You 
have a rich country that we need; you have a people v/ho are in- 
capable of self-government, refractory, turbulent, and rebellious, 
and the best thing that Great Britain can do is to take you into 
the Kingdom and govern you, discrown your king, hang your 
martyrs, break down your constitution and the traditions of the 
past, and take you into our lordly bosom." If Cuba had occupied 
the geographical relation to Great Britain, France, or Germany 
that she occupies to the United States, long ago she would have 
disa^ppeared from the list of Spanish colonies, and she would have 
belonged to some great ruling, energetic. Christian power. 

Mr. GEAY. Does the Senator from Alabama like our pjolicy 
better? 

Mr. MORGAN. The Senator from Delaware asks me if I like 
our policy better. I like it better, provided that our ten-iporizlng 
is not to be protracted until Cuba is destroyed and until our -self- 
respect is gone. I think there is a moment of time — pei^iaps that 
moment has arrived — when we have to determine that question 
for ourselves. Perhaps the moment nov/ is when the American 
people ought to say to themselves: " It is high time that these peo- 
ple in Cuba had a government under which they could at least 
exist." 
8777 



21 

Now, our attitude toward Cuba and toAvard Spain lias been one 
entirely innocent. It has been forbearing; it has been just and 
ui^right, and there is no ground for accusation against us. The 
only ground of accusation that exists in regard to our attitude 
toward Spain and Cuba is that we have forborne to do perhaps in 
the past what we should have done, to the great wrong of the peo- 
ple of Cuba and ijarticularly to that large and respectable class 
of people who have been driven by those revolutions into the 
United States seeking hospitality. 

I wish to si^eak a moment about those people who have come to 
the United States under the invitation of this Government upon 
its doctrines of expatriation and of naturalization. They have in 
good faith united in oiu' citizenship; they have adopted our flag 
as the flag of their country; they have sworn allegiance to the 
Constitution of our country, and when war has prevailed here, or 
the exigencies of the G-overnment have deinPuuded any other great 
sacrifice, they have come along as v/illingly as any of us, and have 
contributed to the power and the honor and the glory of the United 
States. As citizens in time of peace, the Cubans, vfho, perhaps, 
mostly reside in the larger cities of the United States, have been 
citizens of eminent respectabilitj^ and propriety of conduct. 

I do not remember any Cuban v/ho ha,s been called to account 
in the courts of the United States or elsewhere for disloj^alty to 
the Government of this country. They are not to be accounted 
among the rabble or the outcasts of society. Many of them have 
transferred their property to this country — what remnant of it 
was left — and have started in upon business engagements here of 
an honorable character. Many of them have left behind the titles 
that they wore under the Spanish Monarchy and in Cuba, and have 
cheerfully abandoned the distinctions which made them promi- 
nent among their own class of people, in order to accept the plain 
equality of the democracy and the republicanism of the United 
States. They have come in great numbers, and not one of them 
has set his foot upon these shores who has not had. extended to him 
a hand of welcome and a heart beating with cordial regard, for 
this is the land of the persecuted refugee. It is a land to whicla all 
the oppressed of the earth may come with j)erfect assurance that 
v/hen they ha.ve planted their feet upon our soil they have got 
home to the land of liberty. 

These people have come in great numbers. Some of the most 
eminent men, not politically, but in science and in business and. 
in law, are found among the Cuban circles v/ho have been driven 
out of Cuba and who have taken refuge in the United States. I 
have great respect for them. Martin Kozsta had no firmer hold 
upon the heart of Daniel Webster than a man like Menocal has 
upon my heart to-day. When those people have ventiired to go 
bacK to their ov^m country occasionally, they have been subjected to 
violence and imprisonment and confiscation and the like by the 
Spanish Government out of a spirit of mere anger, resentment, 
and retaliation. That is not among the least of the evils that wo 
have had to put up v/ith or overlook on behalf of the Cubans who 
have been here. 

To-day Spain has more animosity tov/ard us on their account 
than on account of everything else. These men can traverse this 
country from one end to another; they can raise money for the 
relief of the people of Cuba; they can send it to them. They can 
discuss the situation in Cuba with perfect freedom. They can dis- 
cuss and understand the restrictions of our laws upon them and 
2777 



X~ render cheerful and perfect obedience to tliem. But tiie Spanish 

I Government regards the liberty that vre have accorded to them 

\ in holding their meetings and conventicles and in passing their 

I resolutions or adopting their programmes in behalf of the people 

[^ of Cuba as an offense that is intolerable to the mind and heart of 

a Spanish ruler. For that reason thej^, of course, grow more and 

more angry toward us continually, and that is the true ground of 

the opposition of Spain to the United States. 

Spain would be the best friend to us that we have in the world 
if whenever a Cuban refugee undertakes to land in one of our 
ports we should drive him back to the sea and tell him to seek a 
home elsevi'here. But we open our doors to him; he comes in here, 
and Vv'hen he gets here he comes, it is true, as an enemy of Spain, 
but Spain becomes our enemy because we tolerate in our midst 
somebody who does not happen to like her. That is the situation. 
We give no encouragement to any ill feeling toward Spain, but 
accord to our citizens, native or adopted, the right to love Spain 
or to abhor her according to their free v/ill. Justice, as it is en- 
forced by public opinion, will temper such feelings, but force can 
not crush them out. 

Now, Mr. President, these laws to vv^hich I have referred, after 
we have passed the concurrent resolution, will remain precisely 
what they are now. They will not be changed in the least, nor 
will any other law of the United States be changed, although there 
will be a new application of some of the international laws to a 
sit'uation created by this act of recognition. That is all. The 
lavi^s will not be changed anywhere, but a nev/ application of them 
will thus be made. 

Mr. PLATT. Will the Senator from Alabama allow me? 

Mr. MOEGAN. Certainly. 

Mr. PLATT. Does the Senator understand that the passage of 
the pending concurrent resolution by the two Houses v/ithout its 
sanction by the President amounts to anything? Does he under- 
stand that it amounts to a recognit-ion of belligerent rights? 

Mr. MORGAN. I think it does, if the concurrent resolution is 
adopted. I do not deny the delicacy of that question, nor do I deny 
the fact that v/e have never settled it by a statute in the United 
States. That question is left open simplj^ as a constitulTional_ques- 
tion , and the measure of the rights of Congress and of the Presi- 
dent of the United States in respect to it is found only in the 
Constitution. What the proper interpretation of that instrument 
is as bearing upon the particular right or matter that the Senator 
from Connecticut suggests is something not really necessary in 
this debate, because the form of the resolution is not such as to 
evoke the question. 

Nevertheless, if it becomes necessary, or if the Senate of the 
United States desires to pass a resolution of the actual recogni- 
tion of the independence of Cuba on this occasion, then v/e would 
have to give consideration necessarily to the question whether a 
recognition by a concurrent vote of the two Hou.ses would be a 
full recognition or whether the President of the United States 
must participate in the act before it becomes a full recognition. 

Mr. HALE. Does the Senator from Aliibama have any doubt 
that the passage of such a i-esolution as he has indicated, recog- 
nizing the independence of this assumed republic, would result 
immediately in aj suspension of friendly diplomatic rela^tions, the 
withdrawal of the Sp'anish minister, with the near probability of 
being involved in hostilities? Does not the Senator think that 
2777 



23 

sneli a resolution v/otild bs a distinctive act in the direction of a 
probable war? 

Mr. MORG-AN. I remarlied in the opening of my speech that 
this question had grovni upon us, that we had apijroached it, I 
confessed I approached it, reluctantly because of its ma.gnitude, 
because of the ultimate consequences that might follow it, and I 
think I will take the liberty of saying to the Senate what I said to 
the Committee on Foreign Relations on that question v/hen this 
matter came up. 

Mr. HALE, I am sure \Ye will be glad to hear the Senator from 
Alabama. 

Mr. MORG-AN". Here was a great mass of petitions and memo- 
rials to which we had to make some answer. We had to report 
them back adversely and ask to be discharged from the further 
consideration of the question, or else vfe had to do something in 
the direction a^t least of the recognition of the belligerent rights 
of the Cubans. Row far we should go was, of course, a matter 
left for_after consideration. 

Mr. ROAR. The Senator from Alabama has yielded to other 
Senators, and I should like to ask him a practical question. Sup- 
XDOse the pending resolution is passed hj the concurrent action of 
the two Houses, not going to the President, what right or duty 
appertains to an American citizen after its passage which does 
not appertain to an American citizen before its passage, and what 
right belongs to a Cuban insurgent after its passage that he did 
not possess befor_e? 

Mr. MORGAlM . It is a part of my duty, before I can lay this 
matter i^roperly before the Senate, although it may require some 
'prolixity of speech to do so, to take up the question suggested by 
the honorable Senator from Massachusetts [Mr. Hoak] , and also 
the one suggested by the honorable Senator from Connecticut 
[Mr. Platt] . 

Mr. PLATT. I do not think I made myself exactly clear. The 
question which I y/ish to have answered is whether the passage of 
this resolution by the tv^^o Houses of Congress, without the action 
of the Executive, amounts to according to the insurgents or pa- 
triots, as they may be called, in Cuba belligerent rights? 

Mr, MORCtAIs! . That will depend on the wording of the reso- 
lution. The question i')ut to me by the Senator from Maine [Mr. 
Hale] involves the very consideration of the question v/hether 

Mr. PLATT. If I may be permitted still fu.rther, we imder- 
stand that vfhen the President, under such circumstances, issues 
a proclamation of neutra,lity, which is the ordinary form in which 
belligerent rights a,re accorded, certain rights a-ttach to the people 
who are struggling, and certain obligations attach to the United 
States. 

H i'Now, Avhat I wish to knov/ is whether those same rights attach 
to the Cuban people and the same obligations attach to the people 
of the United States and the Government of the United States 
upon the passage of this resolution just as if it were an Executive 
act, performed by the President. 

Mr. MORGAN. I can not leave the floor without ansv/ering, 
if i am able to do so, the questions propounded by each of the 
honorable Senators. 

Mr. CALL. Mr. President 

Mr. MORGAisT. I hope the Senator from Florida vrAl let me go 
on without further interruption, inasmuch as I have before me a 
large field of questions to answer. 
2777 



24 

Mr. FRYE. I hope the Senator from Alabam?„ will preserve 
tlie distinction between tlie question asked by my colleague and 
tiie one asked by the Senator from Massachusetts [Sir. Hoae] . 

Mr. MORG'AK. The question propounded to me by the col- 
league of the honorable Senator from Maine [Mr. Feye] is the 
one I propose to answer first. I was proceeding to do so by a 
statement of the attitude which I held on this question when it 
was first presented to the Committee on Foreign Relations. 

When the petitions had to be considered and had to be reported 
adversely, with a request that we might be discharged from their 
further consideration, or else we had to take the other side of the 
question and find that we could and should i5ass a resolution in 
some form recognizing belligerency in Cuba, I said to the Com- 
mittee on Foreign Relations: " I contemplate war at the end of 
any resolution that we pass in that directiori, not that it would be 
just, not that there would be the slightest excuse for it, but be- 
cause Spain is in such a condition, her animosities against iis are 
("" so excited, her jealousy and her pride are so extreme, and I will 
i add also absolutely inexcusable in the light of reason, that I feel 
\ that it makes no difference what steps v/e take, Spain will make 
•L it the occasion of belligerent action tovfard us." I therefore ac- 
cepted the situation, whenever I took a step in that direction — it 
made no difference how long or how short it v,^as — that it would 
ultimately result in war. 

I said then, and I repeat, that I believe Spain to-day would be 
under obligations to us for giving her a cause of war in regard to 
Cuba. V/hy? Because Spain knows just as well as the rest of 
mankind knows that the fetters with which she has bound Cuba 
since Columbus made the discovery of it, and particularly in the 
last century or century and a half, have corroded until they are 
rusting off the limbs of those people. They have got to be incon- 
venient in the respect of the civilized world. 

To give an illustration of it i will say there was a certain sort 
of shackle in use at the time when Christopher Columbus was oc- 
cupying the Spanish provinces that he discovered here. The 
shackles v/ere particularly heavy, and were worn upon the limbs 
of Spaniards when they were in durance unTler the law, military 
or civil. A very eminent Spanish artist painted Columbus as he 
was wearing those shackles when he was being taken from the 
Isla,nd of Cuba ;bact to Spain to answer for imaginary offenses. 
He was taken back a prisoner upon a Spanish ship to answer at 
the Spanish court for supposed offenses against the Crov/n of Spain. 
The shackles were painted there. 

That picture v/as brought here to be exhibited at the Y/orld's 
Fair in Chicago, and the men who controlled the exhibitions from 
V" the Government of Spain refused to let the picture go on exhibi- 
tionunlesstheartistwouldpaintouttheshackles. Why? Because 
it Vfas an evidence of what barbarism existed in Spain at the time 
when Columbus was taken and put on that ship. He painted 
them out. The picture went back to Cuba, and the friends of tiiis 
artist rose upon him and denounced him for his cowardice. He 
admitted ifc, but said: " ¥/ho is not a coward who stands in front 
of the l^Ionarch of Spain? Give me a brush and I will paintthem 
back." And he did, and there they are now, but thej- are only in 
IDaint. 

Now, the very shackles that Spain has laid upon the limbs of 
the Cubans have become disreputable even in the contemplation 
2777 



of Spain herself, but her pride causes her to hold this poor slave 
by the throat. She can not consent, ■with her imperious and 
monarchic ideas, to lift her bloody hands from the neck of this '' 
victim and accord to that poor slave the rights of man, sanctified 
in the name of constitutional liberty. She can not afford to do it, 
and she is not going to do it, and yet she can not hold Cuba. If this 
revolution does not free the Cubans from the grasp of Spain, the 
next one will, or the nest. 

The revolutions have gone on no"w during all of this century, 
increasing in proportions and in power, earch one making a step 
further in the direction of this happy release. There will be one 
more if this does not succeed, or one more if that does not suc- 
ceed, and Cuba will come forward, amidst the paeans of the 
nations, free, sovereign, and independent. Spain knows it. Spain 
feels it, She is bound to recognize it. She would rather lose 
Cuba at the point of the sword when in conflict with the United 
States than to have us pay for it or to have those Cubans achieve 
their independence. She would thank us to take it off her hands 
with the point of the sword. 

That is the reason why I say I have believed that any step in 
this direction would only anticipate the results that are bound to 
come in a very short time when Spain wUl find herself dismantled 
of her colonial strength on th® American Hemisphere, as she has 
heretofore been by the combination of the great rei^ubiics from 
Mesico to Patagonia from 1810 to 1830. 

Spain has had no real, legitimate right to hold the province of 
Cuba and deny to her a voice in her own government after Mexico 
and Venezuela and Colombia and the South and Central Ameri- 
can States were free. If Cuba had been occupied by people whoO 
in their hearts were as free and as strong as the people of Mexico, 
or the Central Americans, or the people of Colombia, or the Ven- 
ezuelans were at the time they declared their independence, it is 
impossible to conceive that Cuba would have remained in the 
clutches of Spain. Why did she not? It 'was because at the time 
the revolutions took place in the other countries around Cuba she 
was dominated by a very few men v/ho had their large x^lantations 
filled with slaves. She had no free population and none that were 
capable of aspiring to liberty at that time. 

Mesico, when she achieved her independence, and every State 
down to the Antarctic Ocean, declared in their original consti- 
tutions, and held to their declaration irrevocably, that slavery 
should never exist in those countries. All declared it. Cuba 
could not make that declaration. She did not have tlie people. 
Her population were not up to the idea because the vast mass of 
her people then were slaves, else at the time these other Repub- 
lics escaped from bondage to Spain Cuba v/ould have released 
herself. 

JSTow the situation is different. Now the slaves have been eman- 
cipated. The ten years' war of which Vv-e have been speaking here 
to-day was chiefly for the emancipation of those slaves. The veiy 
men emancipated at the end of that war have become soldiers in 
the Cuban army. They are fighting for higher liberties and to 
increase the standard of that liberty'so that it shall amount to the 
right of self-government. That is the situation. 

Therefore I hope the Senator from ilaine will understand that 
in all I have done about this Cuban imbroglio I have acted with 
great reluctance. I have acted with the reluctance of a man who 



26 

■with Ms associates is compelled to take a very important position, 
wliat under ordinary circnmstances might be called a very haz- 
ardous position, in the contemplation of actual war, without giv- 
ing any just cause of offense to Spain. I have acted in full view 
of'tlie fact that at the beginning of this controversy it ^■vas our 
business to discount the future, and to draw our svv^ord and lay it 
upon the table and say to Spain, "If you v/ant to take it up, take 
it up." 

Mr. President, I think it is incumbent upon me as the Senator in 
charge of this measure on behalf of the committee to enter some- 
what more fully than I have been able to do this afternoon upon 
a consideration of the facts, particularly those that relate to the 
organization of the Republic of Cuba and the progress of the war. 
I feel that I am scarcely able — I have had a very hard day's 
work — to complete this task this evening. 

Mr. HOAR. If the Senator is going to yield, the floor for 
to-day 

The PRESIDING OFFICER (Mr. Bacon in the chair). Does 
the Senator from Alabama yield to the Senator from Massachu- 
setts? 

Mr. MORGAN. I am perfectly willing to yield for to-day. 

Mr. HOAR. If the Senator is desirous to continue another day, 
as he has intimated, I should like to call his attention to what I 
had in mind when I put him the question before. No man can 
read the story of a Spanish war against anybody without having 
his whole nature stirred by the emotions which were so eloquently 
uttered by my collea,gue. No American, no decent man on the 
face of the earth, can help that feeling. But after all, v/hen the 
Congress of the United States is to do something on such a matter 
with such consequences as the Senator conceives, we ought to do 
it with a full comprehension of what we are about, and we look to 
the great committee of which that eminent Senator was so long 
chairinan, and of which he is now so influential a member, to in- 
struct ITS practically and exactly in what we are doing. 

The Senator from Pennsylvania [Mr. Cameron] in his very quiet 
speech (but into which a great deal of meaning was crovf ded in a 
very few sentences) said that this declara.tion, supposing it takes 
effect, according belligerent rights to the Cubans, is to have two 
effects, and two only. One is that it gives Spain belligerent rights 
at sea, so that not merely being at v/ar in |3utting down a rebellion 
that is a little too strong for the constable, but being at war with 
another power v^hich we have admitted is an equal power to her 
in the rights of war, she may searclx our ships under the right of 
a belligerent, under certain circumstances, at sea. Of course such 
a right would also belong to the Cubans, but they have not got 
any ships and it is valueless to them. Nest, as I understood the 
Senator from Pennsylvania, he said the further effect is to release 
Spain from any obligation for injuries caused to the very large 
"property of the numerous American citizens in Cuba. 

Mr. MORGAN. After the declaration. 

Mr. liOAR. After the declaration. The Cuban belligerents 
can not pay for such injuries if they inflict them, and they never 
would be expected to do it hereafter if they gained their inde- 
pendence. 

Mr. TELLER. The Cubans are as able to do so as Spain. 

Mr. HOAR. ¥7hether they are as able as Spain or not is an- 
other question. So she is released; because this happened to our 
citizens in a war and not by acts of lawlessness in a country with 



27 

Vv'liom we are at peace. Now, those two things the Senator from 
Pennsylvania 

Mr. TELLER. Mr. President 

Mr, HOAE. I wish the Senator from Colorado would pardon 
ine. 

Mr. TELLER. I sjiould like to ask the Senator a question. 

Mr. HOAR. No; i do not want to answer a question ; i want to 
13ut one. 

Mr. TELLER. Very well. 

Mr. HOAR. The Senator from Pennsylvania said with great 
force that those are the two things which are to come from a rec- 
ognition of belligerency. Nov/, is there anything else which is to 
coine from it? 

Mr. MORGAN. Yes; one very important matter. 

Mr. HOAR. Is there anything Vv'liich is going to do those 
Cubans, those insurrectionists, any good? I do not speak now of 
an esi^ression of good will, but 1 speak of the practical result. 
What help is it to be? 

In the nest place, the other qiiestion which has arisen in my 
mind— and it has also occurred to several other Senators — is, What 
is the effect on the obligations, duties, or rights of an American 
citizen, or on the obligations, duties, or rights of a Cuban insurrec- 
tionist, of a recognition of belligerency by the two Houses of Con- 
gress not signed or agreed to by the President of the United States? 

In putting these questions I am not expressing my own opinion. 
I put them as a learner, and I put them with a very earnest desire 
to agree with the Senator from Alabama and those of his col- 
leagues Vv^ho have spoken on this subject. I wanted to call the 
attention of the Senator from Alabama to them now, so tliat 
when he goes on, if he thinks they are v/orth dealing with he may 
do so. They are things that are, in my mind at least, points for 
instruction. 

Mr. MORG-AN. I Vv^ill interpose a very brief answer. 

Mr. TELLER. Will the Senator allow me to ask him a ques- 
tion? 

Mr. MORGAN. Allow me to answer the one put to me by the 
Senator from Massachusetts, and then I v,dll hear the Senator's, 

Mr. TELLER. In this connection I wanted the Senator from 
Massachusetts to add the further question Vi'hether the recogni- 
tion on our part of belligerent rights changes the obligations of 
Spain with reference to, say, our own peojjle who may be there. Is 
it not a qtiestion of fact to be determined, vdiether it is flagrant 
V\'ar or not? 

Mr. CALL. V7ill the Senator from Alabama 

Mr. MORGAN. I can not afford to jdeld to the Senator from 
Florida — I am something more than a mere target for interroga- 
tories. 

Mr, CALL. In this connection I think the Senator from Ala- 
bama would like to read what i have in my hand here. 

Mr. MORGAN, I have my ovni answer, which I will undertake 
to give in a very few words, vv^ith a view of elaborating it when I 
nest take the floor; but I want now to present my answer in a few 
words to the Senator from Massachiisetts, which he has cour- 
teously asked me for. 

The last question asked by the Senator from I-Iassachusetts he 

will find answered in the form and language of the resolution 

which we have reported. It is fully ansv/ered in the form and 

language of the resolution of the Committee on Foreign Relations. 

2777 



As to the preceding question, as to tlie right of search, I will state 
that the right of search exists on the part of any country that is 
engaged in open war with an adversarj^ If the Spanish Govern- 
ment found that an American ship was destined for a Cuban port, 
it would have the right, outside of the 3-mile limit, to make a 
certain search of that ship. 

Mr. HOAR. In case of war? 

Mr. MORGAN. In ease of a recognition of belligerency, as if 
they were at vs^ar. Now, what would that search be? It would 
be controlled by tv/o things. Spain would have a responsibility 
about that search; she must make no mistake about it; just as a 
jprivate man can not arrest another one for felony, and if he is mis- 
taken about it he can not escape damages. There is more than 
that about it. We have got our ov/n statutes here for the protec- 
tion of our customs. \Ye send ships out by our statutes 13 miles 
to sea to examine and search ships that are destined for ports in 
the United States, and that is considered to be not only a civil 
remedy, but a very excellent one, for protection against smuggling. 
Spain would have the belligerent rigiit, under the laws of nations, 
to send her ships out and search our ships or any ships destined to 
Cuban ports, if you please, and see v/hether they were carrying- 
contraband of war. If they are found not to be carrying contra- 
band of war, they are not amenable to arrest, yet the search may 
be rightful under the laws of war. 

Now, another element comes in there which I beg to call to the 
attention of the Senator from Massachusetts, and that is the reason 
why I am making these remarks now, for I want to call the Sen- 
ator's attention to our treaty relations v/itli Spain. Under the 
treaty of 1795, a general treaty of commerce which is now in full 
force in the particular to which I am alluding, there is a restriction 
put upon her right of search of our ships in time of war. It does 
not make any difference v/ho the war is with, \yiietlier with one of 
her own provinces or some foreign country. What is that restric- 
tion? It is that she shall not approach an American ship nearer 
than within gunshot, and there she shall stop and call the Amer- 
ican ship to stop and send a boat out with not more than a definite 
number of persons — I think it is three or four — to examine the 
cargo of that ship to see v^hether or not there is anything contra- 
band upon it. 

Now, that treaty obligation remains, our treaty obligations vath 
Spain remain, notwithstanding we may recognize the belliger- 
ency of the Cubans. That same treaty of 1795 outrode her recog- 
nition of the Confederate States and is still valid. It had no im- 
pression on it. So there it stands and regulates, so far as Spain is 
concerned, as between her and the United States, her right of 
search. That is now the limitation vv^hich is placed upon it by 
the treaty as well as by the international lav/, and that, I think, is 
an answer to the Senator. 

Mr. HOAE. If the Senator will pardon me, I am afraid I did 
not quite make my question clear. My question was not whether 
the right of search was a severe, onerous one or not. My ques- 
tion was whether the recognition of belligerency did not give it to 
Spain, whatever it was, and she did not have it without 

Mr. MORGAN. It certainly has not. 

Mr. HOAR. And what else it gave to anybody. That is, what 
is there, except the sentimental side of it, by v/hicli a recognition 
of belligerency operates, except to give tv/o things to Spain? One 
is the right of search, which she had not before, and the other the 



29 

exemption from the obligation for her mischief done on the Island 
of Cuba to oiir citizens' property, which she might, as the Sena- 
tor from Colorado well suggests, be responsible for in a clear case 
of flagrant war. 

Mr. TELLER. She might escape responsibility. 

Mr. HOAE. She might esc?.p8 responsibility. In other words, 
if we go to Spain and say, " Mr. Atkins^ sugar plantation, worth 
6250,000 or $1,000,000, was desti'oyed'm the Island of Cuba, and 
your police and authorities did not protect it as you should; now 
pay up," Spain would have the right to say, " You have admitted 
yourself a condition of things which exonerated me from any obli- 
gation to protect that property," v/hile, if we do not declare the 
belligerency, it is a, question of fact to be inquired into hereafter. 

Mr. TELLER. She would have to prove it. 

Mr. HOAR. She would have to prove it. Yv'hat I want to know 
is not the extent of these two rights — I think we all iDrobably un- 
derstand those — but whether there is anything else tinder the sun 
that this resolution is operative to produce, supposing it to be bind- 
ing on the Government of the United States without the assent of 
the President? That is my question. 

Mr. MORGAN. There is one thing: At the present time, while 
that island is held by Spain to be in insurrection, she can prohibit 
the entry of our vessels into the island, and she can punish our 
people if she finds them there trading w^ith these belligerents, 
and the laws of the United States would prohibit our people from 
trafiSfcking with the peoijle of Cuba in articles of contraband. 
We make the declaration of neutrality, a.nd our people using these 
articles as merchandise and for mercantile purposes, pov\^der, shot, 
cannons, wagons, or what not, would have the perfect right to 
leave our shores and proceed to Cuba and trade with the Cuban 
rebels if they can escape the blockade and escape detection, and 
Spain could not do anything with them. Spain could not arrest 
our people after they had gone in there and sold the product, 
whatever it might be. 

In other words, the declaration of neutrality between these tv^'o 
loowers, or assumed powers, would give to the people of the United 
States the free right of traffic, subject only to be caught by Spain. 
That is a very great advantage. It is not an advantage that I 
would give to the rebels in Cuba at all if they were a mere set of 
insurrectionists and the qxiestion was how much money we could 
make out of them, but it is an advantage which when moved by 
my sympathie-3 I would not withhold, from them. 

Mr. PL ATT. The Senator is very kind; but if he will permit 
me once more, it seems to me that the question I asked goes deeper 
than all these questions as to what the rights of the parties v/ould 
be after belligerency. It is whether the passage of this resolution 
in itself amoiaits to according belligerent rights. If it is a mere 
resolution of sympathy, v/e might do that by saying that the two 
Houses of Congress sympathize with the Cuban patriots in their 
efforts to establish the independence of Cuba. Now, if it means 
only that, it is one thing. If it means that we, the tv/o Houses of 
Congress, can by this action, in fact, recognize on the part of the 
Government of the United States the belligerency of those parties, 
then it is a very much more serious thing. 

Mr. MORGAN. I will refer the Senator again to the language 
of this resolution, which has been very carefully drawn. If he 
will refer to that language, I think he will discover that the action 
of the House and Senate, if the resolution shall be adopted just 



30 

as it is, amounts to an absolute and irrevocable declaration in 
favor of belligerency and neutrality, and in favor of tlie Republic 
of Cuba. 

Mr. PLATT. Then the question arises vvhether the two Houses 
can do that. 

Mr. MORGAN. Then that would be a question as to w^hether 
the tv7o Houses iu passing a bill have the right to instruct the 
President of the United States as the Commander-in-Chief of the 
Army and Navy to see that its will in regard to war is executed, 
and that v/ould throw it back to where I suggested when I first 
set out — to a question which, not being regulated by statute, as it 
ought to be regulated by statute, is a question which must look 
for its solution alone to the Constitution of the United States; and 
there is no other source of law or x>ower and no regulator in that 
•case except the Constitution of the United States. 

Mr. PLATT. I wish to say that I think there is, to say the least, 
very great doubt as to whether the action of the two Houses alone 
can change in any sense our relation with other countries. 

Mr. M0RGA1^I . Perhaps the Senator from Connecticut will be 
prepa.red to admit that there is still greater doubt as to v/hether 
the action of the President of the United States, Congress being 
in session, can change the relation of the people of the United 
States to Spain. There might be still greater doubt. It is a ques- 
tion, after all, that has to be settled, I will remark again, by a 
proper consideration of the bearing of the Constitution of the 
United States upon it; and there is no other law that controls it. 

Mr. FEYE. What is the Senator's own opinion? 

Mr. MORG-AN. My opinion is that Congress has the perfect, 
independent, absolute right to make this recognition of belliger- 
ency or a declaration of independence, and if it is necessary to 
enforce it by any military movement at sea or on land, it has the 
right to command the Commander-in-Chief of the Army and Navy 
to go on the field if it is necessary and in person to see to the 
execution of that order. That is my opinion. [Applause in the 
galleries,] 

Th-e PRESIDING OFFICER. The occupants of the galleries 
must preserve order. 

Mr. MORGAN. I do not understand, after the Congress of the 
United States declares that v/ar exists between this country and 
Spain, for instance, that the President of the United States by 
vetoing that declaration can make it peace. 

Mr. PLATT. There is no doubt but that Congress can declare 
war. There is no doubt about that. 

Mr. MORGAN. If it can, then there is great doubt v/hether 
the President, by vetoing that declaration, can make it peace. It 
is either peace or v/ar, the one or the other. But I never have 
thought that the Commander-in-Chief of the Army of the United 
States could refuse to go into the field and lead the armies because 
he did not want to fight, if we ordered him to do it. I never have 
thought that. This resolution, however, is in such form that if 
it is passed, the President of the United States will be required to 
communicate to these two Governments, and then the subsequent 
question may possibly concern us no more. I do not know. 

Mr. PLATT. But this is not a declaration of war. 

Mr. MORGAN. No; it is not a declaration of war. There is 
no war in it. 

Mr.'l'LATT. It is a declaration that war exists somewhere else. 

Mr. MORGAN. That is right; and all that Congress can do is 



31 

to declare that war exists. Congress can not make %Yar by joint 
resolution, nor can Congress and the President make war by 
joint resobation. War is first of all a legal sitiiation; secondly, 
it is belligerency. It divides itself into two separate and distinct 
parts. One gives an attitude to the people and Government of the 
United States, and the other gives an attitude to the Army of 
the United States. 

When Congress is said in the Constitution to have the power or 
the right to declare war, it means that Congress has the right to 
put the i^eople of the United States and its Government in the 
attitude'oi war, and to make the laws of war applicable to this 
people. That is what it means. But a declaration of war, broadly 
considered or narrov/ly considered, when it is announced by the 
Congress of the United States, is the declaration of an existing 
status; that is all. We do not create it; we declare its existence. 
Now, if Congress can declare war and declare that it exists in the 
United States, it can declare it exists anywhere else, and the rela- 
tions of this Government toward that foreign country where war 
exists must be governed by the laws of nations as they apply to 
war. That is the whole matter as I understand it. Our declara- 
tion does not create a war, does not create belligerency; it merely 
recognizes a certain condition which we decide to be a condition 
of v/ar. 

More than that, it would be very improper for the Senate of the 
United States to consider this question in the light of its being a 
war measure, in any other sense than as merely giving us an op- 
portunity for determining what are our own powers as compared 
or contrasted v/ith those of the President, for the reason that there 
is nothing done in this resolution, nor will anything be done in a 
declaration of the independence of Cuba, if such a resolution 
should pass, that has in it one breath of war. When the inde- 
pendence of the United States was recognized by Holland and by 
Belgium and by France in the Revolutionary times, that was not 
considered an act of war, nor did that declaration make any of 
those governments an ally of the United States. France went 
further. She declared our independence and made herself an ally 
by assisting us. 

France came into our war by an act of her own and in the con- 
tribution of ships and soldiers and money; but these other govern- 
ments, recognizing our independence quite as fully as France had 
done, committed no act of hostility toward anybody by the declara- 
tion, nor do we. We did not get into a war with Spain when we 
recognized the independence of Mexico or any of the South 
American States. There was no i5artisanship on our part at ail, 
no inclination toward partisanship or -an affiliation or an alliance 
with them, but an act of simple right on our part, prompted by 
motives which were honorable to our country and designed for 
purposes v/hich were countenanced in international law. 

I am now ready, Mr. President, to yield to an adjournment. 



February 24, 1S96. 
The Senate resumed the consideration of the following concur" 
rent resolution, reported by the Committee on Foreign Eelations: 

Resolved by fJie Senate (the House of Representatives concurring)^ That, in 
tlie opinion of Congress, a condition of public war exists TDetween tlie Gov- 
ernment of Spain and the government proclaim.ed and for some time main- 
tained by force of arms by the people of Cuba; and that the United States of 
2777 



America sliould maintain a strict neutrality betfreen the contending po-n-ers, 
according to eacli all tlie rights of belligerents in the ports and territory of 
the United States— 

Tlie pending question being on the amendment submitted by Mr. 
Cameron, to snbstittite for the concurrent resolution the following: 

Besolvecl, That the President is hereby requested to interpose his friendly 
offices with the Spanish Goyernment for the recognition of the independence 
of Cuba. 

Mr. IMOSGAN. Mr. President, on the 29th of January, by order 
of the Committee on Foreign Relations, i reported from that com- 
mittee a concurrent resolution on the subject of the recognition 
of belligerency in Cuba. Afterwards the conmiittee chose to 
change their ground, with my concurrence (1 was pleased with 
the change) , and they reported the resolution which is now before 
the Senate. That was on the 5th day of February. I now ask 
unanimous consent that the resolution reported on the 5th day of 
February shall be substituted for the resolution reported on the 
29th of January from the same committee. 

The PRESIDHSTG OFFICER (Mr. BURROW-s in the chair). 
The Senator from Alabama asks unanimous consent that the reso- 
lution reported from the Committee on Foreign Relations on Feb- 
ruary 5 may be substituted for the one reported from that com- 
mittee on the 29th of January. Is there objection? The Chair 
hears none, and it is so ordered-; 

Mr. MOEQ-Al^J . Mr. President, on last Thursday, when I had 
the honor of occupying the floor upon the resolution which is novv 
bef ore the Senate, several questions of a very grave and important 
nature were asked me by Senators, which I said at the time I 
should endeavor to answer before I finally left the floor upon this 
resolution. Before doing so, however, I shall present in order; 
and as concisely as I can, a statement of our relations with Spain 
in connection with Cuba, based upon the utterances of our prede- 
cessors in the Senate and of some of the wisest statesmen who have 
filled the highest places in our Government. I shall be painstak- 
ing in this and other presentations of tlie facts and opinions of the 
various American statesmen, because the committee have not seen 
proper to present a formal report in which they have displayed 
the v/hole ground of their action upon this very important subject. 

Mr. Adams, in April, 1823, while Secretary of State, in a letter 
to Mr. Nelson writes as follows: 

In the war between Prance and Spain, now commencing, other interests, 
peculiarly ours, will in all probability bo deeply involved. Whatever may bo 
the issue of this war as between those two European powers, it may be taken 
for granted that the dominion of Spain ripon the American continents, Korth 
and South, is irrevocably gone. But the islands of Cuba and Puerto Bico still 
remain nominally, and so far, really, dependent upon her, that she yet pos- 
sesses the power of transferring her own dominion over them, together with 
the possession of them, to others. These islands, from their local position, 



^__ ..- jDje --- , 

ical interests of our Union. Its commanding position, with reference to the 
Gulf of Mexico and the West India seas; the character of its population; its 
situation midway between our southern coast and the Island of Santo Do- 
mi'np-o; its safe and capacious harbor of the Habana, fronting a long line of 
our shores destitute of the same advantage; the nature of its productions 
and of its wants, furnishing the supplies and needing the returns of a com- 
merce immensely profitable and mutually beneficial, give it an importance 
in the sum of our national interests with which that of no other foreign ter- 
ritory can be compared, and little inferior to that which binds the different 
members of this Union together. Such, indeed, are, between the mterests of 
that island and of this country, the geographical, commercial, moral, and 
political relations formed by nature, gathering, in the process of time, and 
even now verging to maturity, that, in looking forward to the probable course 

2m 



33 

of events for the short period of half a century, it is scarcely possible to resist 
the conviction that the annesation of Cuba to our Federal Republic will be 
indispensable to the continuance and integrity of the Union itself. 

The same great statesman from the Northeast, on the 38th of 
April, 18.33, writing also to Mr. Nelson, says: 

The transfer of Cuba to Great Britain would be an event unpropitious to 
the interests of this Union. The opinion is so generally entertained, that 
even the groundless rumors that it was about to bo accomplished, which 
have spread abroad, and are still teeming, may be traced to the deep and 
almost universal feeling of aversion to it and to the alarm which the mere 
probability of its occurrence has stimulated. The question both of our right 
and of our power to prevent it, if necessarj^ by force, already obtrudes itself 
upon our councils, and the Administration is called upon, in the performance 
of its duties to the nation, at least, to use all the means within its competency 
to guard against and forefend it. 

On the 11th of June, 1833, Mr, Jefferson, in writing to President 
Monroe on this same subject, said: 

I had supposed [when writing a former letter] an English interest there (in 
Cuba) quite as strong as that of the United States, and therefore that to avoid 
war and keep the island open to our own commerce it would be best to join 
that power in mutually guaranteeing its independence. But if there is no 
danger of its falling into the possession of England, I must retract an opinion 
founded on an error of fact. We are surely under no obligation to give her 
gratis an interest which she has not; and the whole inhabitants being averse 
to her, and the climato mortal to strangers, its continued military occupation 
by her would be impracticable. It is better, then, to lie still, in readiness to 
receive that interesting incorporation when solicited by herself, for certainly 
her addition to our confederacy is exactly what is wanted to round our power 
as a nation to the point of its utmost interest. 

Mr. Clay takes up the subject in a letter to Mr. King, of Octo- 
ber 17, 1835, and says: 

Instructions were sent, under direction of the President (Mr. J. Q. Adams), 
bj"- Mr. Clay, when Secretary of State, to the ministers to the leading Euro- 
pean governments to announce "that the United States, for themselves, de- 
sired no change in the political condition of Cuba; that they were satisfied 
that it should remain open, as it now is, to their commerce, and that they 
could not with indifference see it passing from Spain to any (other) European 
power." 

In writing to Mr. Brown on the 35th of October, 1835, Mr. Clay 
said: 

You will now add that we could not consent to the occupation of those 
islands (Cuba and Puerto Rico) by any other European power than Spain 
under any contingency whatever. 

Mr. Webster, Secretary of State, writing to Mr. Campbell, on 
the 14th day of January, 1843, says: 

The Spanish Government has long been in possession of the policy and 
wishes of this Government in regard to Cuba, which have never changed, 
and has repeatedly been told that the United States never would permitthe 
occupation of that island by British agents or forces upon any pretext what- 
ever; and that in the event of any attempt to wrest it from her, she might 
securely rely upon the whole naval and military resources of this country to 
aid her in preserving or recovering it. 

On the 15th of July, 1840, Mr. Forsyth, Secretary of State, 
writing to Mr. Burwell, says: 

The United States will resist at every hazard an attempt of any foreign 
power to wrest Cuba from Spain. "And you are authorized to assure the 
Spanish Government that in case of any attempt, from whatever quarter, to 
wrest from her this portion of her territory, she may securely depend upon 
the military and naval resources of the United States to aid her in preserving 
or recovering it." 

While Secretary of State, Mr. Buchanan wrote to Mr. Saunders, 
on the 13th of June, 1847, as follows: 

The United States will not tolerate any invasions of Cuba by citizens of 
neutral states. 
3777-3 



34 

Mr. Crittenden, of Kentucky, while Acting Secretary of State, 
in writing to Mr. Sartiges, on the 22d of October, 1851, says: 

Tlie geograpbical position of the Island of Cuba, in the Gulf of Mesico, 
lying at no great distance from the mouth of the River Mississippi, and in the 
line of the greatest current of the commerce of the United States, would be- 
come, in the hands of any powerful European nation, an object of just jeal- 
ousy and apprehension to the people of this country. A due regard to their 
own safety and interest must therefore make it a matter of importance to 
them who shall possess and hold dominion over that island. The Govern- 
ment of France and those of other European nations were long since offi- 
cially appi'ised bj^ this Government that the United States could not see with- 
out concern that island transferred by Spain to any other European state. 

Mr. Webster again, while Secretary of State, writing to Mr. 
Ballinger, on the 26th of November, 1851, says: 

The colonies of Spain are near to our own shores. Our commerce with 
them is large and Important, and the records of the diplomatic intercourse 
between the two countries vnll manifest to Her Catholic Majesty's Govern- 
ment how sincerely and how steadily the United States has manifested the 
hope that no political changes might lead to a transfer of these colonies from 
Her Majesty's Crov/n. If there is one among the existing governm.ents of 
the civilized world v/hich for a long course of years has diligently sought to 
maintain amicable relations with Spain, it is the Government of the United 
States. ITot only does the correspondence between the two Governments 
show this, but the same truth is established by the history of the legislation 
of this country and the general course of the executive government. In this 
recent invasion Lopez and his fellow-subjects in the United States siicceeded 
in deluding a few hundred men by a long-continiied and systematic misrep- 
resentation of the political condition of the island and of the wishes of its in- 
habitants. And it is not for the purpose of reviewing unpleasant recollec- 
tions that Her Majesty's Government is reminded that it is not many years 
since the commerce of the United States suffered severely from armed boats 
and vessels which found refuge and shelter in the ports of the Spanish 
islands. These violators of the law, these authors of gross violence tov/ard 
the citizens of this Republic, were finally suppressed, not by any effort of the 
Spanish aiithorities, but by the a,ctivity and vigilance of our iNavy. This, 
however, was not accomplished but by the efforts of several years, nor until 
many valuable lives, as well as a vast amount of property, had been lost. 
Among others. Lieutenant Allen, a very valuable and distinguished ofiicer 
in the na,val seiwice of the United States, was killed in an action with these 
banditti. 

I now read from the third annual message of President Fillmore 
in 1852: 

The affairs of Cuba formed a prominent tonic in my last annual message. 
They remain in an uneasy condition, and a feeling of alarm and irritation on 
the i^art of the Cuban authorities appears to exist. This feeling has interfered 
with the regular commercial intercourse between the United States and the 
island, and led to some acts of which we have a right to complain. But the 
Captain-General of Cuba is clothed with no power to treat with foreign Gov- 
ernments, nor is he in any degree under the control of the Spanish minister 
at Vf ashington. Any communication which he may hold with an agent of a 
foreign power is informal and a matter of courtesy. 

Mr. Marcy, when Secretary of State, writing to Mr. Buchanan, 
on July 2, 1853, said: 

Nothing will be done on our part to disturb its (Cuba's) present connection 
with Spain, unless the character of that connection should be so changed as 
to affect our present or prospective security. While the United States would 
resist at every hazard the transference of Cuba to any European nation, they 
would exceedingly regret to see SpJiin resorting to any power for assistance 
to uphold her riile over it. Such a dependence on foreign aid would in effect 
invest the auxiliary with the character of a protector and give it a pretext to 
interfere in our affairs, and also generally in those of the North American 
continent. 

This review of the opinions and statements on these particular 
topics indicates a very firm and thoroughly understood attitude of 
the Government of the United States toward Spain in reference to 
the Island of Cuba. The subject of the acquisition of the Island 
of Cuba as one of our possessions, we see, was first brought in 
direct form to the attention of the people of the United States by 
President Adams, and he then took ground, which was stated as a 

2777 



35 

prophecy, that in fifty years from the time he wrote he expected 
tha-t Cuba would be in the possession of this country as one of our 
States or Territories. This subject gained such a hold upon public 
attention that our ministers at foreign courts in the year 1854, Mr. 
Buchanan, Mr. Mason, and Mr. Soule, were instructed by the 
President of the United States to meet at some place in Europe, 
and there confer upon the best method of acquiring Cuba as one 
of our possessions, and their meeting was called the Ostend Confer- 
ence. They met at Ostend, and in Lawrence's Wheaton the result 
of their meeting is stated, which I will read: 

In the summer of 1854 a conference was held by the ministers of the United 
■States accredited at London, Paris, and Madrid, with a view to consult on 
the negotiations which it might be advisable to carry on simultaneously at 
these several courts for the satisfactory adjustment with Spain of the affairs 
connected with Cuba. The joint dispatch of Messrs. Buchanan, Mason, and 
Soule to the Secretary of State, dated Aix-la-Chapelle, October 18, 185±, after 
remarking that the United States had never acquired a foot of territory, not 
even after a successful war with Mexico, except by purchase or by the vol- 
untary application of the people, as in the case of Texas, thus proceeds: " Our 
past history forbids that we should acquire the Island of Cuba, without the 
consent of Spain, unless justified by the great law of self-preservation. Wo 
must, in any event, preserve our own conscious rectitude and our self-re- 
spect. While pursuing this course, we can afford to disregard the censures 
of the world, to which we have been so often and so unjustly exposed. After 
we shall have offered Spain a price for Cuba far beyond its present value, 
and this shall have been refused, it will then be time to consider the ques- 
tion. Does Cuba, in the possession of Spain,_seriously endanger our internal 
peace and the existence of our cherished Union? Should this question be 
answered in the affirmative, then by every law, human and divine, we shall 
be justified in wresting it from Spain, if we possess the power; and this upon 
the very same jirinciple that would justify an individual, in tearing down the 
burning house of his neighbor if there were no other means of preventing 
the flames from destroying his own home. Under such circumstances, we 
ought neither to count the cost nor regard the odds which Spain might enlist 
against us. We forbear to enter into the question whether the present con- 
dition of the island would justify such a m.easure." 

President Buchanan, in his second annual message, speaking on 
the subject of the Island of Cuba, says: 

The Island of Cuba, from its geographical position, commands the mouth 
of the Mississippi and the immense and annually increasing trade, foreign 
and coastwise, from the valley of that noble river, now embracing half the 
sovereign States of the Union. With that island under the dominion of a 
distant foreign power, this ti-ade, of vital importance to these States, is ex- 
posed to the danger of being destroyed in time of war, and it has hitherto 
been subjected to perpetual injury and annoyance in time of peace. Our 
relations with Spain, which ought to be of the most friendly character, must 
always be placed in jeopardy whilst the existing colonial government over 
the island shall remain in its present condition. 

And in his third annual message Mr. Buchanan said: 

I need not repeat the arguments which I urged in my last annual message 
in favor of the acquisition of Cuba by fair purchase. My opinions on that 
measure remain unchanged. I therefore again invite the serious attention 
of Congress to this important subject. Without a recognition of this policy 
on their part it will be almost impossible to institute negotiations with any 
reasonable prospect of success. 

General Grant^ in his special message of June 13, 1870, to the 
Congress of the LTnited States, seems to have encountered a de- 
velopment of feeling of hostility and jealousy on the part of Spain 
on account of our relations to Cuba, and possibly on account of 
all these utterances of our great and leading men, v>rliich gave him 
very deep concern and caused him to send a special message to 
the Congress of the United States, from wdiich I will make a 
liberal extract, for the purpose of showing the progress of opinion 
and of sentiment in the United States, and in Spain also, upon 

2777 



36 

subjects wliicli seem now to liaye driven ns very wide apart. He 
said: 

In my annual messaga to Congress, at the Tbeginning of its present session, 
I referred to the contest which had then for more than a year existed in the 
Isla.nd of Cuba between a portion of its inhabitants and the Government of 
Spain, and the feelings and sympathies of the people and G-overnment of the 
IJnited States for the people of Cuba, as for all peoples struggling for liberty 
and self-government, and said that "the contest has at no time assumed the 
conditions which amount to war, in the sense of international law, or which 
would show the existence of a de facto political organization of the insurgents 
sufScient to justify a recognition of belligerency." 

During the six months which have passed since the date of that message 
the condition of the insurgents has not improved ; and the insurrection itself, 
althoiTgh not subdtied, exhibits no signs of advance, but seems to be confined 
to an irregular system of hostilities, carried on by small and illy-armed 
bands of men roaming, withoiit concentration, through the woods amj the 
sparsely populated regions of the island, attacking from ambush convoys and 
small bauds of troops, bui'ning plantations and the estates of those not sym- 
pathizing with their cause. 

But if the insurrection has not gained ground, it is equally true that Spain 
has not suppressed it. Climate, disease, and the occasional bullet have worked 
destruction among the soldiers of Spain: and, although the Spanish authori- 
ties have possession of every seaport and every town on the island, they have 
not been able to subdue the hostile feeling which has driven a considerable 
number of the native inhabitants of the island to armed resistance against 
Spain, and still leads them to endure the dangers and the privations of a roam- 
ing life of guerrilla warfare. 

On either side the contest has been conducted, and is still carried on, with 
a lamentable disregard of human life and of the rules and practices which 
modern civilization has prescribed in mitigation of the necessary horrors 
of war. The torch of Spaniard and of Cuban is alike busy in carrying dev- 
astation over fertile regions; murderous and revengeful decrees are issued 
and executed by both parties. Csiint Valmaseda and Colonel Boet, on the 
part of Spain, have each startled humanity and aroused the indignation of 
the civilized world by the execution, each, of a score of prisoners at a time, 
while General Quesada, the Cuban chief, coolly, and with apparent uncon- 
sciousness of aught else than a proper act, has admitted the slaughter, by his 
own deliberate order, in one day, of upward of G50 prisoners of war. 

A summary trial, with few, if any, escapes from conviction, followed by 
immediate execution, is the fate of those arrested on either side on suspicion 
of infidelity to the cause of the party making the arrest. 

Whatever may be the sympathies of the people or of the Government of 
the United States for the cause or objects for which a part of the people of 
Cuba are understood to have put themselves in armed resistance to the Gov- 
ernment of Spain, there can be no just sympathy in a conflict carried on by 
both parties alike in such barbarous violation of the rules of civilized nations, 
and with such continued outrage upon the plainest principles of humanity. 

We can not discriminate in our censure of their mode of conducting their 
contest between the Spaniards and the Cubans; each commits the same atroci- 
ties and outrages alike the established rules of war. 

The properties of many of our citizens have been destroyed or embargoed — 

That means confiscated — 

the lives of several have been sacrificed, and the liberty of others has been 
restrained. In every case that has come to the knowledge of the Govern- 
ment, an early and earnest demand for reparation and indemnity has been 
made, and most emphatic remonstrance has been presented against the man- 
ner in which the strife is conducted, and against the reckless disregard of 
human life, the wanton destruction of material wealth, and the cruel disre- 
gard of the established riiles of civilized warfare. 

That was in the message of June 13, 1870. Even at the end of 
the brief period whicli has passed since the delivery of that mes- 
sage by General Grant, one of the most heroic m.en who ever lived, 
inured to warfare, and nnderstanding all about its effects and dire 
results, the people of the United States read this message now again, 
and reflect upon it, and they wonder how it ever happened that 
the Government of the United States could stand idly and indif- 
ferently by and permit such outrages to go on in the Islaaid of Cuba 
as those perpetrated there. It was done, Mr. President, in the 
hope and in the espectation that the Crown of Spain would be 
enabled to subjugate what was then considered to be a riotous 

2777 



37 

moT), not a,nioniiting to a great army in the field, and would by ree- 
onciliation bring tiie people wlio were natives of this island back 
to the love of their Sag and conntry, and M^ould canse them to eni- 
iDrace the monarchy of Spain when it held out to them the gentle 
hand of promise and made the faithful pledge that in the future 
their political and i^ersonal situation should be better than it had 
ever been. 

I will take occasion here to remark that those pledges were given 
by the Government of Spain to the people of Cuba, and in conse- 
quence of the fact that the Government of the United States at 
that time turned its back upon the slaughter of more than 600 
prisoners by a general who ordered them to be shot down like 
cattle in a slaughter pen, those people, seeing that the circum- 
stances of their situation were such that they could, have no sym- 
pathy and comfort from the outside world, turned again to Spain 
and yielded to her their submission. What has been the result of 
it? Ths fruit of it, Mr. President, is now too obvious and distinct 
to admit of question. The persecutions v/ere renewed because we 
did not force upon Spain a more humane policy. The promises 
thus made by Spain to procure the submission of the people of 
Cuba under the circumstances recited in the message of General 
Grant have been broken in every possible form, as the Cubans 
Pjssert, and it has renewed the spirit of revolution, the desire for 
emancipation, and the love of liberty more potently than it has 
ever existed heretofore in the Island of Cuba. It may be very 
well said that our forbearance toward Spain and our omission to 
do a duty which even then turned our nerves almost into steel 
with anxiety to perform it have been one more inciting cause of 
the present lamentable condition of affairs in that island. 

This war kept on during President Grant's two terms in office 
and. then during the term of Mr. Ha,yes in oitice, and during a 
part of the term of Mr. Arthur in office, before it could be ended, 
and it was not nntil his Administration had proceeded for more 
than a year, I believe, that Mr. Arthua' congratulated the Con- 
gress of the United States and the people of the United States on 
the termination of hostilities in Cuba, under circumstances which 
promised relief to those people from the oppressions which they 
-had theretofore endured, through the firm, distinct promises of 
Ahe Government of Spain, all of which Cubans insist have been 
■broken and about which I think there can not be any possible 
doubt. 

The Cubans allege that Spain has broken faith with her own 
;people — that breach of faith which is treason to honor and cruelty 
added to deliberate deception. Vattel describes civil V'.^ar and its 
incidents and results on pages 424 and 425, which I will not now 
stop to read, and on page 423 of his wonderful book he treats of 
the obligations of the sovereign to keep faith with the subjects 
whose submission he has obtained through promises. I refer to 
.these pages for the purpose of getting the attention of Senators to 
the fundamental law which is laid down by that great writer on 
the subject of the duty of a government to keep faith with its own 
citizens when they have once risen in rebellion against that gov- 
ernment and at the end of strife or war have yielded their submis- 
sion to the government upon certain published and agreed condi- 
tions. When the submission of the people is obtained bj^ promises 
of reform, or the conception of new guaranties of liberties to them, 
there can be no dispute about the justice of their resistance. 

If the people of Cuba had been at war with the United States 
£777 



and had stirreiidered to xis, if you please, on a pledge given by 
treaty that we would grant to them certain rights and privileges, 
and afterwards we had wickedly and unjustly refused to comply 
with onr promise, that would be a cause of complaint as between 
two nations which would be classed among that great, almost in- 
numerable, category of causes of complaint which have so fre- 
quently brought the nations of the earth into antagonism on 
battleiields. But in a case of that kind there would be no breach 
of moral faith toward men of your own blood and your own kin- 
dred who had a quarrel, admitted to be righteous and just, to a 
large extent, because of the reformation which was promised, 
which quarrel was settled by a submission on the grounds that they 
would return to all their duties to that government if the govern- 
ment would promise to secure them certain rights and i^rivileges 
which were thereupon agreed to. 

Such agreements between the sxibject and the crown, between 
the party who must submit to the superior force of his ov/n gov- 
ernment and the ruling authorities, are attended with a sanction 
that does not belong to any of the ordinary agreements between 
nation and nation. ^ They are rested upon the supposition that the 
monarch has a friendship, a regard, and even a love for his sub- 
jects; that he is not their natural enemy; that he is not in oiiice 
for the purpose of breaking faith with them and robbing them of 
privilegps and rights which he has solemnly granted to them. 

But, Mr. President, the history of Cuba from 1717 to the present 
time is almost a continuous record of complaints, riots, attempted 
revolutions by the natives on account of alleged oppressions of 
Spanish rulers and the breach of the promises with which they 
v/ere compelled to buy their peace from time to time. The meas- 
ures of repression by which those complaints were stifled and the 
insurrections were suppressed were extremely cruel and destruc- 
tive. President Grant has recited some of those things in his 
message to the Congress of the United States, which I have just 
read, to which no tongue and no pen could add anything by way 
of emphasis or to darken the picture. 

Twelve men were hanged by Captain-G-eneral Guazo in 1723, 
nearly two centuries ago, and a state of siege was then authorized 
to be declared throughout the island whenever the Captain-Gen- 
eral wished it as a precautionary measure. The Island of Cuba 
from 1733 down to the present time has been left in an attitude 
where a captain-general at his will and pleasure at any moment 
of time can declare a state of siege and the existence of martial 
law. Now, it is impossible to conceive that any people in the 
world can be under a more slTeniTons, disagreeable, and dangerous 
restraint and threat than that which results from the power of 
their ruler, without consulting an^/body else at all, at any moment 
of time to declare a state of war. 

Mr. FRYB. Has the Captain-General ever been a Cuban? 

Mr. MORGfAN. Oh, no. That was never within the contem- 
plation of the Government of Spain so far as I have ever heard. 

In 1851 fifty men of the Lopez expedition were shot in Habana. 
These are not referred to by General Grant except in general terms. 
In 1854 Pinto and his associates to the number of 100 men were 
shot or deported. Then followed the ten years' war from 1867 to 
1878, during the progress of which these enormities occm-red to 
which General Grant refers. Spain-had more than 90,000 troops 
in the field in that war. In 1869 the Spanish troops committed 
atrocities that shocked the civilized world in the wholesale slaugh- 



39 

ter of men, women, and children in Habana at tlie Villa Nneva 
Theater, at the Louvre, and in the sacking of the house of Aldama. 

The number of these cruelties is almost beyond comprehension, 
and the loss of life is appalling. Spain marched into the war 80,000 
troops and brought out 13,000. It is stated on high authority that 
"according to official reports forwarded from Madrid, by the 
United States minister, 13,000 Cubans had been killed in battle up 
to August, 1872, besides 43,500 prisoners whom the Spanish minis- 
ter admitted to liave been put to death," 

We, Mr. President, have been so blessed with the kindly fruits 
of liberty in this country, we have had so much of national en- 
joyment, we have had so much of pleasant occupation in taking 
care of the affairs of our own great Government and our wonder- 
fully increasing iiopulation and our developing wealth and our 
glorious prestige among the nations of the earth and in illustrating 
by our conservative and industrious and virtuous example the 
blessings to mankind of this wonderful form of government which 
has been established and conducted here, that it seems we have 
forgotten the sufferings of those so close to ourselves. Now, can 
it be possible that a mistake is made by an accurate and able his- / 
torian when he says to us that the Spfinish minister admitted that '^ 
in that war, in addition to 13,600 Cubans who had been killed in 
battle, 43,500 prisoners had been put to death? 

I confess that when I carne across that statement in an authentic 
history to which we give credit, I read it over and over to ascer- 
tain whether it could have been jDOSsible that such a multitude of 
humanity had been slaughtered within 90 miles of the coast of the 
United States during that ten years' war ; and I inquired of myself, _, 
What has Christianity been doing in the world if in this age, the \ 
nineteenth century, it has been possible that such things could be 
done in an island like Cuba, and that this great and free Republic 
could stand indifferently by, knowing the facts, and not unsheath i 
its sword and strike the brutal monarch to death who inflicted ! 
them? --• 

The cost of that war was all shouldered upon Cuba. It must 
have been $500,000,000. 

The close of such a war was surely a sufficient consideration for 
the promises made to Gomez and Cisneros and their compatriots, 
upon faith of which they again submitted their fate into the hands 
of the Spanish monarchy. 

Mr. FRYE. Mr. President 

The PRESIDING OFFICER (Mr. Burrows in the chair) . Does 
the Senator from Alabama yield to the Senator from Maine? 

Mr. MORGAN. Certainly. 

Mr. FRYE. I failed 'to catch the name of the authority for the 
vronderful, the horrible statement which the Senator from Alabama 
hag just made in relation to the slaughter of prisoners to the 
number of over 40,000. 

Mr. MORGAN. I am sorry that for the moment I can not recall 
his name. I will hand it to the Senator. 

Mr. FRYE. It is from history? 

Mr. MORGAN. Yes; deliberately written, and written by a 
Spaniard. 

Mr. FRYE. Does the Senator credit it? 

Mr. MORGAN. For a long time I hesitated to credit it, but I 
had to credit it or else deny the evidence of a deliberate statement 
made by a historian in a book of universal acceptance, one of 
reliable authority. 
£777 



I 



\ 



40 

Mr. GrSAY. Vfill tiae Senator from Alabama state the name 
of tlie historiaH or the book? 

Mr. MOfi-GrAN. It is in the American Encyclopedia, under the 
title of Cnba, 

Mr. CALL. If the Senator from Alabama will allow me, I vsdll 
read a very short extract from a publication by Mr. Clarence 
King, 

Mr. MORGAN. I shall be very glad to have it read. 

Mr. CALL. Jesns Rivocoba, one of the officers on duty in the 
service of Spain in the Island of Ctiba, tinder date of September 4, 
1869, writes this letter: 

We captured 17, 13 of whom wer^ shot ontriglit. On d-jmig they sliouted, 
"Hnrrali for free Cubal" "IIiTrrah for indepeiadeneel " A unilatto said. 
" Hurrah, for Cespedes! " On the following day we killed a Cuban officer and 
another man. Among the 13 that we shot the first day v/ere found three sons 
and their father; the father witnessed the execution of his sons without even 
changing color; and when his turn carae he said he died for the independence 
of Ms cotintry. On coming hack we brought along with ns three carts filled 
with women and children, the families of those we had shot; and they asked 
us to shoot them, because they would rather die than live among Spaniards. 

Pedro Fardon, another officer, who entered perfectly into the 
spirit of the service, writes on September 22, 1869, as follows: 

2-Tot a single Cuhan v/ill remain in this island, because we shoot all those 
we find in the fields, on the iaiTus, and in every hovel. 

On the same day the same officer sends the following: 

"We do not leave a creature alive where we pass, bo it man or animal. If 

we find cows, we kill them; if horses, ditto; If hogs, ditto; .men, women, or 

/ children, ditto; as to the houses, we hum them. So everyone receives his 

v due— the men in balls, the animalsinbayonetthru&-ts. The island will remain 

a desert. 

Mr. WHITS.. 1 shoald like to inquire of the Senator from 
Florida from what he has read? What is the pa^^er he has in his 
hand? 

Mr. CALL. I read from a iDaniphlet published by Clarence 
King. The article appeared in The Forum for September, 1895, 
and purports to contain a literal copy of the letters of those officers 
themselves. 

Mr. MORGAN. The President of the United States at the 
close of the war to which I have been referrmg, the war v/hich 
preceded the one in v/hich the incidents occurred to which the 
Senator from Florida [Mr. Call] now alludes, sent to the Senate 
the papers which relate to the submission of the Cuban insurgents 
in 1878. I find in that paper, which I have not had the oppor- 
tunity of examining with care, a statement of the terms and con- 
ditions upon v/hich the surrender took place. 

Mr. Antonio Mantillo, who, I think, was then the representa- 
tive at this legation of the Government of Spain, writes as follows 
to the Secretary of State, Mr. Evarts: 

In the decree in question the nhrase is to be noted with which its preamble 
begins : ' ' The war being now near its end " (not a regular war in the sense in 
which it is defined by international law, but an intestine straggle, civil con- 
test, or armed rebellion, which, in the military parlance of the Spanish lan- 
guage, is commonly called war) 5 which phrase shows that said militai-y au- 
thorities do not consider the contest to be entirely at an end, although its 
termination is very near. The first sentence in the second paragraph of the 
same preamble is also noteworthy, in which it is declared that, had it not 
been for this contest, " Cuba would long since have enjoyed, according to the 
constitution of the State, the advantages which must necessarily accrue to 
her from a possible assimilation to the peninsula," which shows that the pre- 
vailing sentiment in Spain is in favor of treating Cuba as Puerto Eico has 
been treated; that is to say, like a Spanish province, although she eonld not 
grant to rebellious subjects what they demand with arms in their hands, 
namely, absolute independence, during a time of trial for the mother coun- 
try, nor even what she was always ready to grant them volxintarily, and 
2777 



41 

■what she has now granted, at a time of greater prosperity for herself, to 
them, now that they have repented and sned for iseaee, which is an aet of 
generosity and a gnaiTinty of reconciliation. 

A decree of the general in chief of the army of operations in the Island of 
Cuba was also inserted in the Habana Gazette of the 3d. 

This was issued at Puerto Principe on the 10th of March, and will be found 
in Appendix P. It guarantees the freedom which was offered in article 3, of 
the capitulation of all slaves who were in the ranks of the insurgents on the 
10th day of February, and who have surrendered or who shall sui-render be- 
fore the olst day of the current month of March. 

Articles 5, 0, f , and 8 of the capitulation have been fulfilled already, or are 
now in course of fulfillment, toward all who are willing to take advantage 
of their benefits. Article 4 recrnires no immediate action, and article 3 has 
always constituted the distinguishing trait of the Spanish policy in Cuba. 
ForgetfTilness of the past, pardon of political crimes, release of property em- 
bargoed for the same cause, mitigation of the effects of these embargoes as 
regards the innocent members of the families of those whose property has 
been embargoed, and even the furnishing of means of subsistence to re- 
pentant rebels— all this has been frequently offered or granted by the Gov- 
ernment and authorities of Spain from the time of the decree of amnesty, 
issued on the 12th of January, 1869, by the governor, captain-general of the 
island, Don Domingo Dulce, who was sent by the revolutionary government 
of 1868 to establish in Cuba the same liberties and franchises that were en- 
joyed by the peninsula, until the roj'al decree of October 37, 1877, by which 
the unimproved public lands, certain forests belonging to the State, and town 
lands not used, are ordered to l3e divided among various classes, viz: 

1. Licentiates and volunteers, who have been mobilized or who have taken 
part in a battle. 

3. Inhabitants of the towns of the island, who have remained loyal to the 
Government and who have suffered considerable losses of property in conse- 
quence of the war. 

3. Persons \yho have voluntarily surrendered to the authorities and forces 
of the Government. 

The reproduction and analysis of all these general acts, and many other 
private ones, of pardon, clemency, and generosity, would, render this note in- 
terminable, which had no other object, as remarked at the beginning, than to 
satisfy the desire of the honorable Secretary of State to become accurately 
acquainted with the present situation of Cuba, but which the undersigned, 
in his wish to correct false impressions which have been circulated by the 
conspirators against Spain in this country, has thought proper to extend suf- 
ficiently to indicate succinctly the policy of Spain in Cuba and the causes 
that have given rise to the recent events. Although the Government of 
Spain does not recognise the right of any foreign power to interfere in the 
internal affak-s of that country, it values too highly the opinion of the sensible 
people of the United Slates and the friendiship of its Government for its rep- 
resentative at Washington to neglect an opportunity like the one now of- 
fered to present in their true aspect the acts, intentions, and constant policy 
of Spain in her relations with the Island of Cuba. 

He then proceeds: 

If.it were necessary, or the honorable Secretary of State should desire it, the 
undersigned would amplify and prove by means of trustworthy documents 
the assertions which he has just made, and he isroposes shortly to show that 
the only obstacle that can now i^etard, not absolutely prevent, the complete 
pacification of Cuba, is the war cry and^the false promises of immediate aid 
which are once more sent from New \ ork by the Cuban conspirators, who 
urge in public meetings the continuation of the struggle which is now so near 
its end. And it is a remarkable fact that in this struggle, by a sad fatality for 
the hberators of Cuba, a fatality which would not escape, and which has not 
escaped, the observation of the American people and the T)er&'picacity of its 
enUghtened press, foreigners have been its principal leaders— those who have 
most zealously maintained it, and who have most distinguished themselves 
in it. Jordan and Eee^e, Americans; Maximo Gomez and Modesto Dias, 
Dominicans; Eoloff, a Pole; Caoba and Maceo, the one an African and the 
other a semi- African; Pi-ado, the captor of the Moctezuma, a Peruvian; and 
finally, not to mention any more names, Gonzales, a Mexican, who was dep- 
uted by the revolutionary committee of Camaguey to announce the dissolu- 
tion of the legislative chamber and of the government of the republic to its 
representatives in the United States. 

Sven the diplomatic commissioner of Cuba abroad, Echevarria, who less 
than a month ago proclaimed throughout the length and breadth of this great 
country, by a circular telegram from the Yfashmgton agency of the Associ- 
ated Press, that the news of the submission of the greater jpart of the insur- 
gent leaders was false, and tha,t they would accept no terms not based upon 
the recognition of Cuban independence— even that diplomatic agent, whom 
the honorable Committee on Foreign Relations of the House of Representa- 
2777 



42 

tives of the United States, having charge of Cuban affairs, received and lis- 
tened to with interest in the belief that he was a son of Cuba, is no Cuban at 
all, bixt a Venezuelan. 

If an insurrection composed of such antagonistic elements as the Latin, 
African, Mongolian, and Anglo-Saxon races, led on by officers of all known 
nationalities, could have triumphed, the confusion of tongues at the Tower 
of Babel and the memorable catastrophe which took place iu the formerly 
French portion of the island of Santo Domingo would have been cast into the 
shade by the spectacle which victorious, free, and Africanized Cuba would 
have presented to the civilized world. 

ANTONIO MANTILLA. 

Now, tliere is the Spanish side of that statement. The Cnban 
side of the statement comes later. It comes ont novv^ in the decla- 
rations_\vhich have been read in the newspapers, in declarations 
v/hich I will place in the Record without reading, because it is 
not necessary to take the time of the Senate in reading them, 
which show that the terms and conditions which were agreed 
upon in that submission of the Cubans to the Spanish Govern^ 
ment at that time have been flagrantly violated, and that the peo- 
ple of Cuba have received from it not only none of the advantages 
"oromised, but the very machinery which was set on foot by that 
submission and the articles which followed it have been employed 
by the Spanish monarchy for the purpose of continuing to rob 
them more flagrantly than ever. 

These articles of submission, so far as I can gather from this 
paper, seem to have been drawn up at several places and at sev- 
eral times, and after a portion of the people of Cuba through their 
representatives had signed these articles or assented to them nevv' 
adhesions to this capitulation were obtained from others. I will 
hereafter put in the Recorb enough of this paper to shov/ the 
exact nature, as far as it can be found from this document, of the 
capitulation that was made, the promises which have been broken, 
as the Cubans allege. 

They and their associates, then and novv^, assert that Spain has 
broken these promises in all respects, and has greatly aggravated 
her persecutions of the people of Cuba since these promises were 
entered into. That was one of the grounds upon which their pres- 
ent revolution is predicated — a breach of national promise. 

It is not ours to decide such controversies, since the action we 
propose to take on this occasion is not dependent in the least 
degree on the facts that led to the revolt, but upon its existence 
and progress to the state of open, public war. 

If the United States should be forced into the espousal of the 
cause of the Republic of Cuba as an ally, the facts are not want- 
ing to Justify our people in fighting, if need be, for the principles 
of our own G-overnment against a despotic monarchy and for the 
sacred rights of man that are being destroyed and exterminated in 
sight of our coasts. 

Biit this is not our purpose. We do not intend to interfere in 
that matter unless we are forced to do so from supreme necessity. 
The present proposed action of the Congress of the United States 
has not the slightest bearing one way or the other upon that ques- 
tion. Yie are for peace, security, and good neighborship with 
Cuba, if v/e have to fight for it. 

No Cuban army has fought as yet for a single leader who was 
ambitious for pdace or honors under the Spanish Monarchy, or 
for the spoils of Vv^ar, or the liberty of pillage, or even for revenge. 
Their leaders are patriots and men of great abilities. Gomez is 
an old man, said to be fatally stricken with consmnption. No 
2777 



43 

eartMy station could imlnee Mm to- endure the labor and suffer- 
ing to wliich lie is snbjeeted. His ambition, is onlj- tbat lie may- 
live to see Cuba free,, or. dying, tliat. he may bscj-neatb. its liberty 
to the people. 

In all these belligerent movements, extending through tvvo cen- 
turies, the Cubans have not fought merely for redress of griev- 
ances, though these were a jttst cause of war; they have at all 
times resisted and resented the despotism of the Spanish Mon- 
archy, and their battle cry has always been '■' &od and liberty." 

The freedom of Cuba has been ahvay^s the undying aspiration 
of the native people. 

One of these struggles is but the renewal of those that preceded 
it. Either from worlsings of military pov/er or under the induce- 
naent of false promises,, a truce has been, from time to time, on 
freq'iient occasions adopted. But when the oppression has been 
renewed, and strength to i^esist it has been i*egained, these people 
have come forth in that native strength which belongs to a liberty- 
loving people and have renewed the battle for independence. And 
now G-omez returns to his command, and Cisneros, who was 
president at the time that the surrender took place of v/hich I 
have been reading, comes back to his presidency, and the Cubans 
fall into the ranks and take up their arms; to renew the war of 
1867 to 1878. 

The civil government then disbanded upon false assurances, and 
the military pov/er and organization that then laid aside its avms 
axe again renewed upon a basis that is good in law throughout all 
Christendom, that a right surrendered to fraud upheld by forco 
may be justly reasserted whenever the pov^er exists to reclaim it. 

In these battles fought in this protracted war of indeiiejidenco 
the blood of patriots that Cuban soil has drunk has not been shed 
in vain — 

For freedoEi's Battle, once Tbeguii, 
Esq t!eatli''ci by bleediBg sire to- s&n, 
Tln.0in!gk baSiea oft, is ever woa. 

That we have witnessed this straggle for so. many years, dui'ing 
v/hich our ears have not been deaf to the appeal for liberty and 
independence and onr hearts have not refused their sympathy to 
the .su:^ering Cubans, is enough for us to have done in order to 
prove our faithful aeihesion to cur national duty. 

We can go no further in our forbearance without a stain upon 
ottr national honor and without doing injustice to our (xovern- 
ment and our people. 

If the war in Cuba s&ouM end is cMsaster to the republic they 
have organized there, even within a week, our duty wotild be ill 
performed if we did not declare that this war is a.nd has been a 
public war for independence, and has been so admitted by SpaiE 
in declaring that war exists in four Cuban departments. 

This declaration should be made promptly on our part, for it will 
stand us in hand v/hen we are again forced to call Spain in q_ues- 
tion for her iTreatment of our" citizens captured during this strug- 
gle. It should be made also to warn Spain that she can not imi^osa 
the Weyler code, following the Balmaceda code, upon our people 
or their property, and that when the war for independence again 
breaks out, its character and purposes will not be misunderstood 
by the iJnited States. The future wars in Cuba will not be mere 
civil insurrections when it requires 150, 000 men and the navy of 
Spain to hold the people in check. 

Our rights and duties in regard to this war in some sense depend 

2777 



44 

upon its purpoies and its magnitude, bnt not upon its ultimate 
Buccess or failure. The purposes commend this war to our respect 
at least. Its magnitude is equal to the territorial control of more 
than half the area of Cuba and more than half the people of the 
island. 

In this war, unlike that of the war of 1867 to 1878, few native 
troops have fought in the field under the Spanish flag. Some of 
them have been enlisted as volunteers, quite a number of them 
probably under duress, but they have put a condition in the enlist- 
ment that they were to be home guards; that they were not to 
enter the field; that they were to guard the plantations and the 
railway stations and towns, villages, and cities. 

The great body of the native i^eople are in sympathy with the 
republic, though tlie repression of anj^ such avowal, in act or 
word, is the relentless purpose of Weyler's cruel code. This code 
may agfiin smother the nres of liberty, of V\^hich Gomez speaks in 
his letter of November 13, 1895, in v\'hich he says: 

We can triithfully say that, even il: Spain sends thousands of her children 
to their death, we have already established the basis of the Cnban Republic, 
and that republic will be a fact, no matter how many of lis may fall. 

There are few Americans who do not accept that result as in- 
evitable, and the Weyler code will serve only to remind him here- 
after that no grasp of tyranny can be strong enough to repress the 
fires of libert}^ though it may silence the tongues of its votaries 
for the time. 

The victories won over the Spaniards by the Cubans at Los Ne- 
gros, at lobito, at Bayamo, where Campos and his staff sought 
safety in flight, on foot and in the nighttime, at Cascorra, at Sao 
Del Indio, and in many minor engagements, and the splendid 
march through Cuba from east to west and from north to south 
are lessons of skill and evidences of military power, and jproofs of 
valor and endurance that do not presage the ultimate defeat of the 
Cuban army. Spain has sent to this conflict up to this time 61 
vessels of war, all heavily armed, but in the 3,200 miles of Cuban 
coast there are 200 harbors and sheltered places of landing, and 
in all the guns sent there by Cuban agents not one rifle has yet 
been lost. Spain has sent to Cuba 110,000 men, and has 80,000 vol- 
unteers for garrison duty, yet with this enormous force she has 
not been able to keep Gomez out of hearing of the morning and 
evening guns that are fired at Habana. Their armies grow while 
the armies of Spain perish and decrease from losses in the field 
and hospital. 

The organization of the Cuban army was conducted in eastern 
Cuba, and the first and hardest battles were fought there. Then 
Gomez and Maceo invaded western Cuba to burn cane fields and 
to recruit their forces. 

A comparison of the statements of our consuls, made from time 
to time, shows a tremendous rapidity of increase of the forces and 
war material of their commands. 

It is through the reports of the consuls of the United States sent 
in by the President to Congress that we derive that better state- 
ment of facts to which Gomez refers and which will be referred 
to in a paper that I will presently have read at the desk, in which 
it is said that doubtless the Government of the United States knows 
more of the actual facts of the progress and development of the 
war than the Captain- General of Cuba or the Government of Spain. 
These consuls, situated in Cuba at three of the most important 
points, all of them being men of intelligence, ability, and faithful. 



45 

ptiblic service, have from time to time sent the best information 
available to them in respect to the condition of the country sur- 
rounding them and the r)rogress of the armies in that country. 

I therefore read extracts from these rexDort-s to the Senate with 
a view of getting what I conceive to be an authentic statement 
upon this subject of the magnitude of the war, the character of 
the war, the iDrogress of the war, the character of the army that 
conducts the war, and the policy of the men in rule and authority 
there who manage and control the army. It is from these facts 
that we are to derive a sound and solid judgment upon which we 
will feel authorized to act. 

I have mentioned already in the speech I made last Thursday 
the reluctance with which I proceeded to investigate this question, 
because of the uncertainty of the evidence upon which we had to 
rely. 1 was not aware how very certain, how very strong it was, 
until I took up these consular reports and was able to compare 
them also with the reports in newspapers and reports from private 
sources; and I find that we are in possession of an authentic his- 
tory of the rise and progress of the present revolution. 

On the 23d of February, 1895, just a year ago, Mr. Pulasld F. 
Hyatt, writing to Mr. Uhl, says: 

COMSULATE OF TEE USTITED STATES, 

Santiago de Cuba, February 'S3, 1S03. 
Sir: I have the honor to advise you that grave apprehensions are felt of a 
revolution breaking out here. Rumors are rife, and it is diificult to get at 
esact facts. 



raent. 

Information has come to the consulate that the Government has notified 
certain Cubans, known to have been prominently in favor of the island's 
freedom, that if there is trouble they will be held responsible and shot, and 
a number, said to be S7, of the members of leading families who were spotted 
have left for parts unknown. 

The military governor, Lachambre, has had his home in the country guarded 
by 350 soldiers, and he gave notice to a niimber of American engineers and 
workingmen, living in a house close by, and here for the purpose of con- 
structing railroad bridges, that if they had cause to go to their yard in the 
night, to carry a lantern as a preventive against being shot. 

That is the oiitbreak of it a year ago; that is the form in v/hich 
it presented itself to Mr. Hyatt, who was living in the country 
where the first organization took place and v/here the feeling of 
the Cubans was most intense. On the 28th day oi the same month 
he says: 

The insurrectional movements that have given rise to the measures of the 
governor-general seem to be limited to a very small number oi persons, as 
shown by'the prompt action of the three political parties above mentioned 
engrossing the major part of the population, and which really represent the 
entire planting, industrial, and commercial interests, as well as the profes- 
sional classes of the isla,nd, though it can not be denied that poverty, induced 
by the cumulative effects of the erroneous economic system long established 
here, has brought about discontent among the working classes since the prin- 
cipal exportable products of the island, sugar and tobacco, are very depressed 
in their exchangeable values. This has brought on low and precarious wages, 
while at the same time imported provisions and clothing are very high and 
in unfavorable disproportion to the earnings of the workmen. 

Those workmen, starving men, got to thinking and feeling, and 
they bared their shoulders to the burdens of the revolution; really 
they started it. 

Now, writing again on March 1, he says: 

On the S7th ultimo the governor-general of the island issued a decree, copy 
inclosed being extract from official bulletin, declaring this province in a state 



46 

of war, giving the military authorities control of all matters appertaining to 
puhlic order, and giving insurgents eight days to present themselves and b9 
exempt from punishment. 

Now, I wish to connect that statement with one that I made in 
the opening of my remarks, w^hen I called attention to the fact, 
which nobody has denied or can deny, that for more than two 
centnries the Caiotain-General of Cuba has had the power to ptit 
any province in that whole island into a state of siege, to declare 
military law as prevailing, and to declare a state of war as esisting. 
In this province otir consul affirms that the governor of this 
particular province has declared that a state of war exists. What 
kind of a war is that? An insurrection? An emeute? A mere 
rebellion? A mob? A sedition? No; he declared that war es- 
isted; and he put the laws and powers of war at work there by 
changing the whole legal situation from one of peace to that of 
war. I should like to know, after that declaration on his part, 
followed up, as it has been, by declarations of a like kind by the 
Captain-General in three of the provinces of eastern Cuba, more 
recently made, how they can hold up their heads and look the 
world in the face and say to us that we have no right to recognize 
that a war exists when they proclaim it and enforce it? Our 
consul says, further on in the same article: 

There have been a number of scrimmages with troops in the province, and 
several on both sides killed and wounded. The insurgent element so far is 
confined mostly to the negro population, which predominates. The whites 
and property owners hope that the reforms promised by the Government 
will be put into effect and that the movement will be suppressed before much 
property is destroyed and lives lost. 

A strong reenforcement of Spanish troops is daily expected. 

The last letter was on the 1st of March. Thirty days later, on 
the 30th of March, he says: 

I have the honor to report further on the situation in the province of San- 
tiago as follows: On Monday, March 24, 900 troops were landed from Spain, 
which, with the 3,437 recruits which landed last week, make a total of 3,337 
additional Spanish forces landed at this port. After arrival these troops 
were newly uniformed in linen siiits and straw hats, 

A battle occurred near Manzanillo on Sunday betv/een 300 CTOvernment 
troops and 500 Cubans. The Government claims 50 of the enemy killed, while 
the Cubans claim a victory. 

That same evening— 

That was on Thursday, the 28th — 

(a dark night) about 9 o'clock sharp musketry firing was distinctly heard 
from this consulate, which lasted forty-five minutes, when a heavy rain set in. 
I afterwards learned that a body of insurgents were waiting in ambush for the 
outgoing troops and fired on them from behind rocks and trees, causing a 
loss of 50 killed on the Spanish side, including one captain. 

:IJ * ^.; :!; :!i '>:■ -f- 

Men are constantly leaving the large centers of population to join the in- 
surgents, and public opinion is rapidly in their direction. 

Then again he writes on April 4: 

With starvation facing them on one side; with relations, friends, and com- 
panions on the other, fighting for the independence of their country, it will 
readily be seen how the present uprising may become one that will defy the 
efforts of Spain to subdue. 

It is safe to say that there are at present large bodies of insurgents under 
arms in the jurisdiction of Santiago de Cuba. Spain must have to meet these 
twice their number, as the country is an ideal one in which to harass regular 
troops who are not familiar with the country. 

Another important factor to be considered is the ravages that will be maae 
among the Spanish soldiers during the summer months by yellovf fever, 
which will far exceed their losses in action. 

To check and end the present uprising it will be necessary for Spam to 
concentrate all her forces at Santiago de Cuba, Puerto Principe, and to act 
promptly and decisively, for as each da,y the rebellion continues lessens her _ 
S777 



47 

chances for subduing the same, and, as before stated, she must accomplisli 
the subjugation of those in revolt before the present crop is finished, or their 
accessions will be so great that her dominion over this island will be in great 
jeopardy, if not lost. 
Then, on the 5th of April, he writes again: 

On April S the insurgents entered the town of Carney, about 6 miles from 
here, where they captured about 50 guns, some horses, and, it is said, about 
3,500 cartridges. 

On April 3 the Government forces met the insurgents at Socorro, about 18 
miles from here. The insurgents are said to have been defeated with 10 lost 
and many wounded. 

The Spanish Government is now employing Cubans at $30 per month to 
join the guerrilla forces against the insurgents, and naturally these acces- 
sions against tho cause of the revolutionists are looked upon with great 
hatred by the other Cubans. 

Private advices from parties capable of speaking are to the effect that the 
territory between here and Manzanillo and along the Canto Eiver is alive 
with insurgents. Their cavalry are said to be in a very excellent condition, 
well armed, and well mounted. Pending the arrival of Martinez Campos, 
the war seems to be in a quiescent state. 

Campos had not yet landed. Then again he writes on the 13th 
of April: 

On Thursday a battle was fought near Bayamo. The number of troops 
and results are not deiinitely known. The work of the insurgents seems to 
be more along the line of gathering arms and ammunition rather than seeking 
conflict, while the Government troops do not seem desirous of forcing a fight, 
but rather to guard important points from attacks while they await the ar- 
rival of Martinez Campos, who is expected to land at this port on the 16th 
instant. Preparations are in progress to give him a big recejjtion. 

The sugar planters complain that whenever they pay off their hands large 
numbers leave to join the insurgents, thus crippling work. It is estimated 
that the population of Santiago has been increased by 15,000 people, mostly 
old men, women, and childi'en, who have left the country and are quartered 
oa anybody that will keep them. Beggars are very numerous. The death 
statistics for the first fifteen days of March was 33, and jumped to 63 for the 
last half of the month, there being 8 deaths from yellow fever, 5 deaths from 
paludal fever, and 1 from diphtheria. I am informed by a physician that 
smallpox m a mild form has also aprjeared. 

Now, on the 28th of April he vv^rites: 

Sir: I have the honor to report that on Sunday, the 21st instant, a fight 
took place near Songo, this province, between about 500 Cubans and SOO 
Spanish troops, which resulted eventually in the Cubans retiring from the 
field. A major and chaplain of the Spanish forces were Jiilled. Other losses 
unknown. 

Two thousand and fourteen new Spanish recruits arrived at this port 
from Spain on the 33d instant, and it is reported that 20,000 more will arrive 
during the next six weeks. 

Rebels bumed the town of Ramon de Yaguas on Monday last, killed Cap- 
tain Miranda of the Spanish forces, took 16,000 rounds of ammunition a,nd a 
quantity of arms from the fort. 

Lietitenant Gallego, on the part of the Spanish troops, surrendered the 
fort, for which he was court-raartialed and ordered to be shot. The sen- 
tence was commuted to life imprisonment by cablegTam from the Queen. 

Then he adds as a postscript: 

Lieutenant Gallego was shot at Habana on May 1, after having attempted 
suicide on the passage from Manzanillo to Habana. 

This consul goes cai to speak of other battles from time to time. 
May 11 he says: 

Monday night the rebels attacked Cristo, a town 10 miles distant, on the 
Sabanilla and Maroto Railroad, derailed an engine, and burned two bridges. 
The road is operated and owned m.ostly by American citizens. Martinez 
Campos has recommended Government aid to this road for the purpose of 
extending the same and furnishing employment to the many men who will 
soon be thrown out of employment by the shutting down of sugar mills, and 
it is feared that without work tho men will drift into the rebel army. * * * 
Friends of the insurrection claim that they are as far advanced now at the 
end of three months as they were at the end of three years in the former re- 
bellion. They claim now to have 10,000 men under arms in the province of 
Santiago, and to have 4,000 more doing effective work. 
2T77 



4b 

That is from the time of this first dispatch, v/hich was February 
23, 1895, dovvii to the date of this letter, which is May 11, 1895, a 
rise in their power from nothing to 14,000 troops in the field. In 
my observation, few conntries have ever been able to recruit an 
army as rapidly out of their own legitimate resources, arm them 
and equip them, and put them in tlie field as these Cuban rebels 
have done during that period from the 23d day of February down 
to the 18th day of May — three months! Again, he says on the 18th 
of May: 

On Monday, the 13th, 400 men are said to hare left Holquin in a body to take 
up ai-ms against the Government. 

Four hundred leaving one place. 

Perhaps the most sanguinary battle that has taken place up to the present 
time occurred on the 13tli and 14th instant, near Guantanamo. The Spanish 
authorities claira that with 400 men they put to rout the enemy, 3,400 strong, 
inflicting severe loss on the rebels. 

The rebels claim that there were over 3,000 Spaniards engaged in the first 
day's battle, and that they punished them severelj^, driving them into the 
town and inflicting a loss of over 200 in killed and wounded, including among 
the killed the commander. Colonel Bosch, and several other offlcers, while 
their own loss was insignificant; but finding that on the second day the Gov- 
ernment forces had been strengthened, they thought it prudent to retire. 

It is reported- 
He says in the same letter — in fact, it turned out to be true — 

that 400 convicts are enlisted in the next shipment of soldiers to arrive at 
this place from Spain. 

These convicts and others from Africa have been pardoned for 
the worst of crimes committed in Cuba and armed as bands of 
guerrillas to destroy the people they had formerly assailed with 
brigandage, robbery, and murder. Yet it is not more surprising 
that convicted robbers should be turned loose to war against 
Cuba than that unconvicted and titled robbers should use them 
for like purposes. 

I will omit to read quite a number of these reporbs, although 
they all contain very strong corroborative testimony to the con- 
tinual and steady progress of this revolution. On July 18 Mr. 
Hyatt says: 

I have the honor very respectfully to report in reference to the further 
uprising in the eastern end of Cuba that Saturday, July 0, a battle of con- 
siderable importance occurred near Manzanillo, in which it apijears that the 
Government forces, made up m.ostly of "guerrillas" (home guards), were, to 
the number of 100 or more, cut to death Vfith machetes. 

Continuous fighting between Manzanillo and this place has been kept up 
all of the week, with uncertain results. 

The case of Dr. Joaquin Castillo, reported in my dispatch of July 6 (Ko. 149), 
is a peculiar case, and is, perhaps, worthy of further mention. _ The Doctor, 
a man of commanding appearance, is one of a numerous and highly respect- 
able family, born on this island, but who have sought and obtained naturali- 
zation in the United States, and by marriage related to Spanish oflicers of 
high rank. The Doctor served as surgeon to our Jeannette polar expedition. 

It appears that some five years ago Gen. Antonio Maceo (who was famous 
in the previous insurrection) came to Santiago, and was quietly feasted and 
toasted by a number of prominent people, among them Dr. Castillo. In the 
hilarity of the occasion they promised Maceo that when he came to Cuba 
again on business they would be with him. On Maceo's return to the present 
conflict he notified these gentlemen that he was here, and expected them to 
remember and keep their promise. Some of them were slow to respond, and 
the Doctor among the number, because a lucrative practice and the larg;o 
possessions of his wife made it inconvenient to respond. A second notice is 
said to have been sent, v/hich contained no threats, but interpreted by those 
capable of reading' between Ctiban lines that it would not be well for the 
Doctor to delay his coming, and he went. 

Numerous young men have left lucrative positions and cast their lots with 
the insurgents. 



49 

It is estimated by men of judgment that the revolution is now three times 
as strong as it was at its height during the previous insurrection. 

Any insurgent force that now attempts to enter Santiago will have to jump 
over, climb through, or cut down a three-stranded barbed wii'e fence which 
now Burroiinds the city. 

For a fortification, I suppose. 

Yellow fever, though still bad among Spanish soldiers, has not seemed 
quite so virulent during the past week. Deaths for week, 106. Yellow fever, 
41; smallpox, 1. 

Mr. G-RAY. From whom is that? 

Mr. MORGAN. Tiiat is from otir consul at Santiago. I pass 
over a number of places "which I had marked for the purpose of 
calling attention to them, but it would protract the story too much 
for rne to undertake to give all these incidents as the narrative 
proceeds. On the 21st of August he writes to Mr. Adee: 

Sie: I have the honor to report the situation in Cuba to be deeply inter- 
esting. 

With perhaps the exception of Santa Cruz, the Government forces hold 
every important seaport town and a few large towns in the interior, while 
from Cienf uegos east, which constitutes three-f oiirths of the island, the insur- 
gents hold the balance of the territory and some territory farther west. 

Cuban leaders claim 25,000 men, mostly under arms, in the province of San- 
tiago and 10,000 farther west. I think the number overstated by at least eight 
or ten thousand men, but I am inclined to the opinion that there are many 
more ready to join them when assured that they will be supplied with arms 
and ammunition. 

That arms and ammunition are nov/ coming quite freely to Cuba there seems 
little room for doubt. A paper published here called The Public Opinion 
has recently declared that if the Government would look more carefully 
after the large carrying companies and less for filibustering expeditions they 
would find the source of trouble. 

Those who desire to see the island restored to peace are much depressed, 
as there is at present three times as large a force of insurgents as at any 
time in the previous insurrection. 

Then he gives an accorait of more battles which occurred in his 
vicinity. Then, under date of October 10, writing to Mr. Uhl, he 
says: 

Sir: Judging by results that tend to terminate a war, the situation in 
Cuba, from an American standpoint, might aptly be termed one of "mas- 
terly mactivity." But few engagements have occwrred up to the present 
time that should be dignified by a higher title than a skirmish. 

Cuban tactics are to fight only when they have the Spaniards at a disad- 
vantage, and at other times small attacking parties will fire from ambush on 
the Government forces for the purpose of demoralization, or to induce the 
troops to follow them to a more advantageous place for battle; but the Span- 
iards seem to understand this, and thus far have declined to accept battle on 
such terms. 

The Cubans assert that they can not afford to make a stand in an open field, 
or even behind ordinary breastworks, with their present quota of arms and 
ammunition, as every shot must count; while being themselves acclimated 
and thoroughly inured to Cuban climate, diet, and modes of living and trav- 
eling, they can kill more Spaniards by fatigue, exposure, and disease, and at 
less sacrifice to themselves, than by hand-to-hand battles, and by such tactics 
can continue the war indefinitely. 

The Spanish forces can not long remain away from their base of supplies, 
as their quartermaster, commissary, ordnance, and hospital supplies are all 
carried on the backs of jiack mules. No tents or shelter of any kind are pro- 
vided for soldiers on the march, nor any ambulance service for the sick and 
exhausted. 

The Red Cross tendered their services to go in there, but they 
have never heard from the Spanish Government upon the subject. 

Up to the present time Spain has put into the field about 80,000 soldiers, 
probably a little more than one-half of which are now available for active 
operations. The best-informed persons here estimate the active Cuban force 
at 35,000 or 33,000. 

******* 

Spanish agents, Spanish newspapers, as well as American newspapers, have 
for months openly declared that certain vessels carrying the British flag and 
3777-4 



50 

conveying iron ore from Cuba to the United States have on their return trips 
ea-.'riecl articles contrabpaid of -war, which they have disposed of through per- 
sons connected with the mines and landed at certain points along the coasts. 

And tlierenpon the Government of Spain, tlirotigli tlae Captain- 
General, established fortifications at those American iron mines 
upon the avowed pretense of prohibiting or preventing those men 
from receiving what they called " contraband of war." They 
were obliged to receive powder in large quantities for the pin-pose 
of conducting their iron works and their regular business; but 
inasmuch as the Captain-General said there was a possibility of 
such things falling into the hands of the insurrectionists, they 
forbid their importation, under the doctrine of their being con- 
traband. There is something which needs inquiry. I do not 
mean the special instance, for perhaps not much loss has occurred 
on that account, but as to a Government with which we are at 
peace, and that peace secured by treaty guaranteeing to us wide 
commercial privileges and providing rules and regulations by 
which contraband of war in time of war may be excluded from the 
island, how can that Government, while saying that peace pre- 
vails, contend that there is contraband of war when a merchant 
in the United States ships a keg of powder to his consignee in 
Cuba? 

What right have they in a time of peace to interpose and ex- 
amine the cargoes of our ships upon principles of war and declare 
these things contraband? They can not do it except when they 
make a declaration of war against the ports or places at which 
these articles are to be landed, establish a blockade, and interpose 
that declaration as creating the rights which are given by war of in- 
specting a vessel to see whether its cargo is contraband. But here, 
while they declare that a state of v/ar exists in four provinces of 
Cuba, and put out their proclamation to that effect, and in virtue 
of that fact insist upon the existence there of v\''ar — while they 
are in that condition in regard to their ov.^n people, for the pur- 
pose of putting down a rebellion that they can not subdue, they 
hold out to us the relations of peace and amity and friendship, 
and say, "You must not import into Cuba powder or shot or any 
munitions of war, because they have become contraband." 

That is a position which can not possibly be submitted to by the 
Government of the United States, and when they insist, as they 
do insist, that war obtains in their own provinces in Cuba, and so 
proclaim to the world, and follow it up by seizures of the cargoes 
of vessels because they are contraband, then of course what we 
have got to do, and all we can do, is to declare, along with them, 
that a state of public war exists in that country, and that these 
things are contraband; bu.t that if our people can get through 
their blockaders, it is all right and no longer illegal to sell them 
to the recognised belligerents. Spain can not declare that one of 
our merchants shall have his property, his ship and his cargo, 
confiscated in time of peace by imposing upon that vessel a hostile 
characteristic because it has on board articles contraband. Spain 
must say that she is at war with another power, vvdiich is a part 
of her own provinces, and being at war, she has a right to declare 
those imports contraband which would assist the enemy in wag- 
ing war. 

Mr. Hyatt proceeds again on the IGth of October to say: 

;: The Cubans assert that they could quickly double or treble their 

rtiich case 



resou 

2777 



61 

with Mauser rifles and well supplied with ammunition, while they, the insur- 
gents, are confined largely to such resources as by " hook or crook " they can 
obtain from the Spaniards. 

On the 11th instant the insurgents captured between Santiago and Manza- 
nillo 17 soldiers with personal arms and 4,000 cartridges, which wore being con- 
veyed to a fort 2 leagues from the coast. The Spanish soldiers were set free, 
but I learn that the lieutenant in command has been court-martialed and witl 
be shot for surrendering. 

Then lie speaks of the coming in of certain cargoes on board of 
ships that were landed surreptitiously on the coast. 

Then Mr. Casanova writes that the war had included his consu- 
late at Cienfuegos,,and speaks of it as follows: 

The destruction of sugar estates has been principally directed against build" 
ings of strategic value to the Government troops or that might serve them 
as shelter; generally buildings of abandoned sugar estates, though occa- 
sionally of late the dwellings and labor quarters on "colonias," or cane 
farms, have been destroyed. Some of these cases are due to political rancor 
toward the proprietors who have made themselves conspicuously hostile to 
the insurgents. 

As the most important measure proclaimed by the revolutionary govern- 
ment (leaders?) is the prevention of sugar making, with a view to crippling 
the resources of the Spanish Government, it is likely that more extensive 
destruction will follow, as threatened by the iustirgents, in the approaching 
crop season unless this Government is able to afford needed protection by 
garrisoning the plantations with sufficient forces to enable planters to work 
in safety. As the insurgents iip to the present time to so great extent con- 
trol the surrounding country, the prospect for preventing the consummation 
of their plans is not very reassuring, and in consequence great desnondency 
prevails in all classes of the community, so largely interested and dependent 
on the sugar crop. In fact, on this vital question is involved the gravest 
problem to the life of this district, and the same applies to the rest of the 
island. 

On the 16th of November, Mr. Hyatt, writing from Santiago da 
Cuba, says: 

Sir: I have the honor to very respectfully offer a brief resum6 of the situ- 
ation in Cuba as it appears to one who has watched it carefully from its in- 
ception to the present' a period of nearly eight months. 

The total strength of the insurgents at present is between thirty-five and 
forty thousand men, 10,000 of which are not well armed, but are useful in 
other directions, which number would be quickly increased if arms and ani- 
m.unition were available. 

Their generalship has been neither brilliant nor dashing, and it has indeed 
been questionable whether they have not allowed important advantages to 
get away from them for want of well-directed heroism, yet, on the whole, 
well calculated to conserve their catise. 

Their settled purpose is to fight only when they have advantage in position 
and numbers; but to harass the Government troops, mostly with small de- 
tachments, and depend upon their better knowledge of the country and 
greater powers of endurance to avoid punishment, and by the aid of yellow 
fever, dysentery, etc., to finally wear out the Government forces. 

Discipline is maintained better than might be expected, and desertions are 
infrequent, owing to the great difficulty in escaping from the island, so the 
deserter must either go to the enemy or go home and face Cuban scorn. 

As a rule the Cuban army is healthy, their powers of endurance are great, 
and they show not the slightest disposition to give up the fight. 

When prisoners are taken, if they can not be indiiced to change their alle- 
giance, they are disarmed and released. 

They have levied and collected heavy assessments on every industry possi- 
ble, and seem to have plenty of money. 

I am unable to say how much success has attended their attempts to estab- 
lish a local and permanent government. I think, hov/'ever, it is of a movable 
nature. 

They respect American property and rights much more than those of other 
nations. 

On the part of Spain there is no lack of disposition to supply all the men 
and means necessary to subdue the rebellion; but the first 30,000 troops sent 
to the island were largely boys, too young and inexperienced to take proper 
care of themselves, and many of them have succumbed to exposure and dis- 
ease. The later arrivals were more mature men and are able-bodied soldiers. 
They have also several thousand volunteer natives and acclimated Spaniards, 
making the number placed in the field up to the present time nearly 100,000, 
30,000 of which are dead or unavailable, leaving for service about twice as 
many as the Cubans have, and are better armed and equipped. About one- 



52 

third of this number are kept on guard duty, a portion of which may be 
called off in enxergencies, so that flfty-flTe. or sixty thousand are aTaUable 
for field service. 

Up to the present writing mast of the Spanish forces continue to occupy 
mostly the cities and large towns near the seacoast, or about the mines, rail- 
roads, and large plantations. Transportation of troops and supplies is by 
steamships along the coast. 

In the person of her captain and governor-general, Martinez CampoS; Spain 
possesses a soldier and statesman of marked ability, who tempers justice 
with mercy to a large extent. 

V^ith the exception of iron mining, nearly every industry on the island is 
going rapidly to destruction, and nothing but a sudden termination of the 
war can prevent the island from becoming a waste that will require many 
years to repair. 

Native-born Americans have but little cause to complain in regard to their 
treatment by Spanish officials, and even our naturalized Cubans are treated 
with far more consideration than those of other nationalities. So apparent 
is this distinction that it has become a subject of complaint on the part of 
citizens and consuls of other nations, and has been met by the reply that 
their treaty with the United States differed with that of other nations, and a 
counter reply has been made that they were entitled to the " most-favored- 
nation clause." 

Oatlie 2d of December Mr. Casanova says: 

The prevention of sugar making is the most settled and determined policy 
of the insurgents. There have been already cases of partial burning of plan- 
tations in this consular district, some of them owned by Americans. 

In this connection I deem it proper to submit to the Department the follow- 
ing data of the property represented by Americans in the sugar industry in 
this consular district alone, either residents here or owned by corporate com- 
panies in the United States. These plantations are of the most valuable hei-e, 
yielding an aggregate yearly production of over 600,000 bags,"or 86,000 tons, of 
sugar, at an estimated value of over $4,600,000 at present low prices. There 
are, besides, large American interests invested in cultivation of cane for sup- 
plying the sugar factories. 

The effect of the present business depression and the impoverishment of 
the country that is becoming evident, all largely attributable to the crop 
difficulties, manifests itself in the lessened importation of goods, the shrink- 
age of consumption already affecting trade very seriously. 

Mr. Casanova writeg, under date of Decemtier 12, an interesting 
statement, as follows: 

The larger part of the effective insurgent forces that heretofore operated 
in the eastern department of the island have gradually invaded the depart- 
ment of Las Villas and are now operating in this and the neighboring districts. 
These forces comprise some 16,000 to 20,000 men, both cavalry and infantry, 
fairly well armed, under command of Maximo Gomez, as general in chief of 
all the insurgent forces, and Antonio Maceo, his second in command, with 
other less noted leaders. This army, the largest that has so far in this war 
been gathered together in a body, has maneuvered to evade any pitched battle 
with the various large columns of Uovernment troops acting in com.bination 
against thera. Several partial engagements have taken place, but without 
any important results. 

The evident purpose of the insurgents is to penetrate further into the heart 
of this section v/ith large forces and cai-ry the war eastward into the richest 
and most productive districts. At last accounts the main msurgent army 
above referred to was in the vicinity of Santa Clara, the capital of the de- 
partment of Las Villas, one detachment being sent to the vicinity of Trini- 
dad, under command of a colored leader, to destroy the few sugar estates 
that remain there, the largest of which belongs to an American company. 
Aside from the above-mentioned forces, there are the numerous bands in 
larger or smaller numbers that continue to infest every part of the country, 
hara?sing the troops and carrying on the usual guerrilla warfare. 

The laying waste of all the country and prohibition to the farmers to mar- 
ket their produce or move cattle is causing great hardship and privation. 
But chief in gravity, in its fearful import to the community, is the impend- 
ing failure of the sugar crop. This is being effectually prevented by the 
insurgents in this district, and no attempts are being made by planters to 
manufacture sugar. Even this passive acceptance of ruin by the planter's 
does not obtain for them immunity from, the destruction of their property. 
The firing of cane fields is assuming alarming proportions; thousands of acres 
of valuable can-e fields are daily being burned, and, notably, on three of the 
largest sugar estates in this consular district, owned by Americans, the cane 
fields have been devastated. The machinery and buildings on sugar estates 
are of great value, costing from half a million to more than one million dol- 
lars. The Government, on application, grants a squad of soldiers to guard 
2777 



53 

those buildings, but not in sufficient force to be entirely effective. Many 
planters prefer to take the chances of mercy from the insurgents by being 
iingarrisoned rather than dra-w on themselves their certain hostility and 
revenge unless effectively protected. 

The recent reenforcements of 25,000 men from Spain will ba mostly required 
for active field service, and not available for the defense of the sugar estates. 
Thus the existence and future of this valuable industry is threatened with 
complete annihilation. 

I must not detain the Senate by matters which can possibly be 
omitted from this sta,tement and yet give to the country a fair and 
just statement of the actual situation in Cuba. Y/riting on the 
7th of January, 1893, Mr. Ramon O. Williams, our consul-general 
at Habana, says: 

■With reference to the proclamation of the Cap tain-General of the 3d instant, 
declaring a state of war to exist in the provinces of Habana and Pinar del 
Rio, copy and translation of which accompanied my dispatch No. 2695, of the 
4th instant, I have to inform you that the nev/spapers, now under military 
censorship, report the burning of the sugar-cane fields throughout a large 
portion of this province by the insurgents, who entered it, as variously esti- 
mated by popular rumor, numbering all the way from 4,000 to 13,000 men, oa 
foot and horse. 

Besides the burning of the cane fields, the newspapers report cases of dam- 
age to railroads by the displacing of rails, the cutting of telegraph and tele- 
phone lines, the blowing up of culverts, burning of bridges and stations; also 
the pillaging of country stores, the carrying off of horses, saddles, and bridles 
from farms on their line of march for the mounting of their men, and the 
slaughter of cattle for food. Among the railroad stations destroyed are those 
of Ginviean and Guira de Helena, distant from here, respectively, about 28 
and 40 miles on the line from Habana to Giiines, and that of Gabriel, aboiat 
25 miles on the railroad from Habana to Pinar del Rio; the villages also were 
burned. 

The trains on the first-named road only ran yesterday as far as Bejucal; 
on the Western Road from Habana to Pinar del Sio, only about 30 miles out, 
and on the Habana Bay and Matauzas no train goes beyond the latter city. 
All the railroads have handed in their rolling stock as much as possible to 
prevent its destruction. 

Mr. WHITE. From what page does the Senator read? 

Mr. MORGAN. Page 53, January 7, 1896. 

On the loth the same officer gives an account of the capture of 
a village on the Bay of Habana. Then, on the 15th of January, 
he writes: 

In continuation of my dispatch No. 2707, of the 11th instant, reporting the 
doings of the insurgents in the Provinces of Habana and Pinar del Rio, I have 
now to say that, according to the newspapers and private accounts, the only 
sources of information at the disposal of this office, the insurgents have still 
continued in their marches and countermarches to leave havoc throughout 
their train. 

They have wrought so much destruction on the Western Railroad, an Eng- 
lish com.pany, that the directors have resolved to stop their running. They 
also burned a large part of the important town of Bejncal, on the Habana 
and Giiines Railroad, because of the resistance made there by the local au- 
thorities and volunteers. At the present writing there is no immediate pros- 
pect of their being driven out of the two mentioned provinces. 

He then gives an order of Maximo G-omez dated January 10, in 
which he says: 

Considering that the operations of the sugar crop have become suspended 
in the western districts, and it being no longer necessary to burn the cane 
fields, I therefore issue the following order: 

Article 1. The burning of the sugar-cane fields is hereby a,bsolutely pro- 
hibited. 

Art. 2. The severest penalties of the military and civil jurisdictions of the 
revolution will be visited, regardless of rank and station in the army, upon 
each and all who contravene this order. 

Art. 3. The buildings and machinery will be destroyed of all plantations 
that, despite this humane order, resume work. 

Art. 4. All the inhabitants of the Island of Cuba, of whatever nationality, 
will be respected in their persons and agricultural occupations. 

MAXIMO GOMEZ, General in Chief. 



64 

Mr. President, I liave now laid before the Senate only a part of 
the testimony found in these consular reports which bears upon 
this question, but nobody can take up these official reports, sent 
in by our consuls , an d, unless they impeach the consuls themselves , 
deny this consecutive array of facts, which proves absolutely the 
proposition that this rising of the Cuban people has reached the 
extent of a great public war, and that the likelihood is very strong 
that in the end the Cubans will achieve their liberty. I wish to 
make no prediction about it, because our action does not depend 
in the slightest degree upon our ability to forecast the result or 
upon the probability of it; but, at the same time, from the facts 
which are given by our ov/n consuls to our own Government, it is 
Impossible to believe but that the whole body of the Cuban people, 
the native Dopulation of Cuba, are in thorough sympathy with 
Cisneros, the president of the republic, with Gomez and Maceo, 
and their other leaders. 

After a little v/hile, in the course of my argument, I shall come 
to the attitude of President Cisneros, and I shall show, not by 
reading the constitution, but by bringing it into an appendis 
which I will hereafter lay before the Senate, that he has formed 
a government upon excellent principles and after due deliberation, 
and as well calculated to carry on civil administration in time of 
war in a country like Cuba, it seems to me, as any constitutional 
arrangement could do, 

A letter from a gentleman whose character for veracity and 
good sense can be most thoroughly avouched by members of this 
body was written from Cuba on the 14th of February , 1896. It in- 
closes a cony of an article written by another gentleman in Cuba, 
which was'published in a New Orleans paper on February 8, 1896. 
The writer of the letter says that the author of the article is an 
American citizen "and is probably the best posted man in the 
island on Cuba and its affairs." This article, v/hich I will have 
read at the desk, accounts for the military situation in Cuba, and 
shows how Gomez and Maceo have been able to make their splen- 
did campaign to the west, and hov/ it is impossible to hold Cuba 
much longer in chains. 

The VICE-PRESIDENT, The Secretary will read as requested , 

The Secretary read as follows: 

REVIEW OF THE SITUATION IN CUBA. 

Editor. Louisiana Planter: Recent events here have clearly proven 
that the estimate of the situation in the Island of Cuba made in my last letter 
was in no v/ise exaggerated. The possibilities and probabilities indicated 
have all been as fully realized as the short time elapsed could permit. Spain 
has failed in obtaining another loan abroad, and has been obliged to take from 
one of her own banks the insufficient sum of §10,000,000 to begin the new cam- 
paign. Instead of the 50,000 new troops, evidently required to enable planters 
to harvest the present siigar crop, but 25,000 have been sent. These two facts, 
whatever mav be said to the contrary with the intent of disguising the truth, 
would seem to indicate the weakening and proximate exhaustion of the 
resources of the Government, both military and pecuniary. 

As I anticipated, the reenforcements arrived too late to enable the sugar 
factories to begin work in due season, and the detachments of troops protect- 
ing their buildings have, as was to be expected, been of no avail to save their 
cane fields from destruction when attacked. The anticipated inefficiency of 
the raw levees composing the new regiments seems to have been made quite 
as evident. Not only one line of ti'oops has been broken through, as I sug- 
gested might happen, but, judging by the official reports, three in succession 
hastily formed, and the insm-gents have invaded the provinces that have here- 
tofore been comparatively safe, leaving behind them a broad path filled with 
smoking ruins and burnt cane fields, where local bands are completing more 
at leisure the hasty work of the invaders. Before this reaches you Gomez wul 
in all likelihood have reached the other end of the island, devastating the 
S777 



55 

district of Pinar del Rio, hitliei-to wholly exempt from the scora-ge of civil 
■wa.r aud always considered perfectly secure. 

Although this raid was announced months ago in the New York papers, 
Maximo Gomez, who during the last war always advocated this plan, has 
either completely outgeneraled Martinez Campos, or this general's orders 
have not, as I believe sometimes happens, been strictly obeyed by his subor- 
dinates. He does not seem to realize the radical differences there are between 
this and the former rebellion. Since the last war the Cubans have learned 
much — the Spaniards almost nothing. 

I suppose that the reenforcements would have been used to form a cordon 
across the island to prevent the projected raid, gradually advancing and 
clearing the richest districts of the smaller bands, strengthening the line as 
it progressed by the detachments which would become unnecessary in the 
rear, a plan difficult in execution, but decisive if successful. The old system 
adopted during the last war, which lasted for ten years, has been preferred, 
and the dry season, so anxiously awaited to begin the sugar crop, upon which 
the fate of the island depends, after a victorious campaign, has principally 
served not to ripen the cane fields for the expectant planter, but to prepare 
them for the firebrand of the incendiary, quite as impatiently lying in wait 
to burn them. In answer to Martinez Campos's promise to enable the estates 
to gi'ind early in the season, the rebels have obliged those that had com.- 
menced to suspend, and deprived a very large number of all means for future 
work. 

He has evidently been led into two grave mistakes for a commander of Ms 
rank, by the exaggerated or false reports, perhaps, of his subordinates, against 
which he was obliged, some months ago, to issue a genera] order, which is dis- 
creditable to the army and his patriotic desire to economize Spain's limited 
resources. He has also overrated the efficiency of his own troops and under- 
estimated the capabilities of his adversaries. It is quite likely that the Presi- 
dent of the United States is better informed through the consular reports of 
what is really passing here than the governor-general of Cuba is by those 
upon whom he is obliged to depend. The vandalic raid of the insurgents was 
evidently planned with a full appreciation of the defects of the Spanish army, 
and to all appearances thoroughly carried out by their principal chief, born 
and brought up in the guerrilla warfare of the island of Santo Domingo, of 
which the army oiHcers know little or nothing. 

At the start he collected all the best of the insurgent bands and leaders, to 
the number of from 5,000 to 8,000, a body strong enough to cope with any 
two divisions of troops he might meet, trusting to rapidity of movement to 
outmaneuver the Government forces, destroying communication by wire 
and rail as he progi'essed to prevent those left in the rear from being brought 
again to the front. To do this he avoided his usual forest refuges and struck 
boldly down upon the open country, along the railways, through an almost con- 
tinuous plain covered with cane fields. With no infantry nor impedimenta but 
ammunition to dela y his movements, he advanced night and day at a trot, tak- 
ing but few hours' rest, and keeping scouring parties in front and upon his 
flanks, collecting fresh horses to replace those that gave out, together with 
arms of all kinds for those who might rise to join him. When the supply of 
horses proved insuiiicient. the men mounted as " voltigeurs," the fresh horses 
carrying double. It is said, and it is quite probable, that he was accompanied 
by a full band of musicians of 23 pieces, who deserted in a body some time 
ago from one of the Spanish volunteer regiments. 

He appears to have kept a strong vanguard under one of his best leaders 
to engage the bodies of troops as he met them (these are seldom of more 
than 1,2U0 men, with one field piece), whOe his ma-in body passed in two col- 
umns, and then to retreat rapidly and fall into the rear. His force was esti- 
mated by one of the Spanish generals at 13,0f>0 when he reached Alatanzas, 
and is probably, with those who have .joined him, now about 17,000. 

Gomez's success is not surprising when, in an army of 130,000 troops, there 
are here but 1-5,000 troopers, either because cavalry is considered too expen- 
sive, or because no amount of experience in Cuba will convince the Govern- 
ment that Spaniards afoot can not overtake Cubans horseback— one of the 
old persistent errors. Even the Cuban rural " gendarmes," or police, are 
mostly infantry, although the robbers they are expected to pursue are always 
mounted, and a force of cavalry half as large as that employed would be more 
eiScient for the puiiDose. 

Orders have now been given to remedy this glaring defect by bringing cav- 
alry from Spain and by a general requisition for horses throughout the 
island to mount infantry, giving in return promises to pay at low prices. 
Like all Government measures in Cuba, this comes too late for its purpose 
and will probably be converted into an abuse, as it was during the last war. 
There are already reports that the troops oblige aU the poor country people 
they meet upon the highway, bringing their produce to the towns, to unload 
at the wayside and give up their horses to the soldiers. This course will 
probably, by depriving this class of their means of stipport,do more to swell 
the rebel ranks than to serve the Government. The infantry make verv poor 
2777 



66 

riders, and the few men who have been mounted heretofore upon horses 
taken from the insurgents look as though they would topple off at the slight- 
est provocation and are unfit to fight in the saddle against Cubans, who have 
ridden since they were 6 years old. 

Even the dearly bought experience of the last month (among the dearest 
that Cuba has had to pay) will not teach the Government that America is not 
Europe. The insurgents have already appropriated nearly all the best ani- 
mals in the island, and the infantry, ofliicers as well as men, seem to have no 
knowledge whatever of the care of horses, consequently they soon become 
unfit for service in their hands. In any case the insurgents can take horses 
quicker than the army can buy (even without paying for them), and this 
tardy measure seems likely to add little to the efliciency of the troops tii this 
campaign. With the insurgents riding them to death upon the one hand, and 
the Spanish infantry killing them, by ignorance and neglect upon the other, 
there is a very strong probability that the island will soon become quite as 
horseless as it was when unhappy Columbus discovered it, and if the rebels 
live upon other people's cattlelnuch longer, quite as beefless. 

Success in the field for either side seems now to depend upon celerity of 
movement, to which the army is little adapted, so far as can be judged from 
■what is to be seen in the garrison town where this is written, one that has 
been in the midst of the war for over a year, and where bodies of troops from 
200 to 1,500 are almost daily arriving and departing. The slothf ulness with 
which the detachments are formed to go in search of the enemy is simply 
unaccountable to an American, and in a measure justifies the supposition of 
nonsj'mpathizers that they are gaining time for the rebels to get away before 
they do. The looker-on becomes worn out waiting to see them start, and 
finally gives it up in despaii*. The dilatoriness of all the movements, the easy 
leisure of the officers, the stolid, apathetic indifference with which the men 
loll upon their rifies in carelessly formed ranks, apparently; waiting first for 
one thing and then for another hour after hour, no one seeming to know why, 
offer little hope for the conversion of such material into that kind of "light 
horse infantry " the tactics of the Cubans so eminently demand. 

The men, as a rule, are of low stature, a square, thick-set, stooping, short- 
legged, stiff -jointed race, evidently taken f rorn a class of stolid, illiterate car- 
riers of wood and drawers of water, to whom an adverse fate has denied all 
those boyhood pastimes, which give agility and suppleness of limb. Their 
wabbling attempts at running and clumsy ascent of the ladders to the small 
forts which surround the town are often ludicrous in the extreme. The 
bayonet exercise, so indispensable against the Cuban attack with the sword, 
seems entirely unknown to these poor victims of misrule, and, contemplating 
their awkwardness, one is filled with pity imagining v/hat the futility of their 
defense must be with a lithe and wiry Cuban hanging over them from his 
saddle, slashing the deadly "machete " with nothing between its sharp edge 
and their devoted heads but the sultry atmosphere of Cuba and her cheapest 
straw hats. Ignorant all their lives of the use of arms until recruited, and 
without target practice, they fire in platoons at the word of command, taking 
little aim, if any at all, and the amount of ammunition wasted is something 
beyond belief. 

1 have myself heard almost continuous discharges of small arms, with 23 
shots of a field piece, lasting from noon until after dark, and by a force said 
to number 700 troops, and the official report claimed only eight or ten of the 
enemy killed and as many wounded, ascertained solely by observing at long 
range the movements in the Cuban ranks. If such wild work is as general as 
the published accounts of engagements would indicate, it will do infinitely 
more to exhaust the financial resources of the Government than to deplete 
the ranks of its adversaries. There are more good marksmen among the insur- 
gents, but fewer cartridges to waste, and casualties are on both sides generally 
tew and far between. When any considerable execution is accomplished, it is 
at close quarters with cold steel— the bayonet and "machete." 

There are undoubtedly good men among the Spanish officers, who fulfill 
their duties so far as they know them and the customs of the army permit, 
but a large proportion have, apart from their uniforms, nothing apparently 
that would commend them as soldiers, and the general standard seems very 
far below that of England and the United States. They appear to pay no 
attention to the health, food, comfort, or cleanliness of their men. 

All but the most unavoidable duties seem to be left to the sergeants, and 
to bring the army to greater efficiency these would need the knowledge and 
capacity of general officers. If such defects are as common throughout the 
island, the recent successes point to a long wa,r, and there is as yet no cer- 
tainty that the crop of siTgar will reach even 200,000 tons. The home Gov- 
ernment has already called for volunteers, which in Spain shows a scarcity 
of troops, while as yet there is no evidence of weakening on the part of the 
insurgents; and if they have by their recent raid succeeded in effecting the 
rebellion of as large a proportion of the inhabitants of the heretofore iindis- 
turbed half of the island, which is much the more populous, very heavy reen- 
f orcements will be required, and there is little prospect of peace this year. 
2777 



57 

The GoTernment allo"57S little or no nevrs al3out Gomez's movements, but 
rumor says that he has evaded the line formed across the island where it is 
but 21 miles, with 40,C'O0 troops, in the hope of intercepting him upon his re- 
turn. This concentration has left unprotected important districts, and tha 
small bands of insurgents free to continue burning, coliecting arms, and rais- 
ing more men. There is no promise at present that any estate that did not 
pay subvention to the revolutionists last year wUl dare grind for a long time. 
In "the solution of all- important pohtical or race questions the unexpected is 
what generally happens; a change may nevertheless take place either way. 
It is also reported that Martinez Campos is going home, and the fear among 
Cubans that his withdrawal wiU give room for the repetition of the excesses 
of the last rebellion is having a deleterious eiiect. 

Scant lovo of exactitude makes aU statistics uncertain, and it is impossible 
to form any exact calculation of the real damage so far done. Maximo Gomez 
has shown much "method in his madness," and some generosity. Estates 
have been spared upon promising not to gi'ind, one owner in Habana having 
been asked and given it by telephone. Others have been respected beca,use 
the proprietors are more popular or had given money to the "cause."' The 
cane fields of Spaniards have had a very decided preference, fcicluding those 
of a recent member of the present ministry. This is net surprising when it 
is remembered that many Spaniards are still in favor of summarily shooting 
all nonsympathizers at sight, and have been deadly enemies of the more civ- 
ilized policy of Martinez Campos, to whom Cuba and humanity owe so much. 
Some still Hving went so far during the last war as to claina that all Cubans 
of the male gender over 10 years of age should be treat-ed with the same 
tender mercy. Though not so drastic a remedy as that humorously proposed 
forthe solution of thelrish question— by putting the sister island under water 
for fifteen minutes— it was fortunately not found, admissible in the nineteenth 
century. 

Among the estates of Spaniards there is one remarkable exception, the pro- 
prietor being famous for his unscrupulous dealings. Although the neigh- 
iDoring ones were burned, nothing upon his was harmed. This wily owner is 
supposed to have patriotically put up last year a golden lightning rod, which 
prevented his plantation from being struck. It is said that one American 
who had begun Ms crops was twice ordered to stop, and finally, seeing con- 
sequences more clearly under the lurid light of Gomez's fij-ebrands, he ac- 
cepted the inevitable and obeyed the revolutionary mandate. The insur- 
gents, of course, excuse depredations which are beyond the pale of civilized 
warfare and at the same time a confession of impot-ence for better, though 
less effective, means, upon the ground that Spain with money can get men, 
and that they are not going to allow Cuba to give her, as she did during the 
last war, the means for cutting their own throats. The fact that rich Cubans 
who then gave money for the rebels have during this struggle refused 
all aid has also influenced feeling against the native planters. And incen- 
diarism, besides deprivuig the Government of taxes, also obliges further out- 
lay to save the homeless victims from starvation by supplying them with 
army rations. Meanwhile the misery it is spreading vrill probably soon begin 
to have its effect in strengthening the ranks of the perpetrators. 

Where all this will end" there is no foretelling. Nevertheless, considering 
that most of the insurgents and many of the most prominent leaders are of 
the African race, the state of demoralization to which the country has been 
brought, the dense ignorance of the lower classes, and the long provocation, 
we have so far to be thankful that results are no worse, and however much 
the system of warfare is to be condemned, justice should be done to the 
rebels by a fair statement, in spite of all the calamities their deeds entail. 

So far a,3 1 have been able to ascertain, from the com-mencement women 
have been respected, and this, under the circumstances and in a country 
where the passions are strong and so frequently unbridled, says a great deal 
in favor of the sense of right in the chiefs, and shows a- better control of their 
men than could have been hoped for or expected. The soldiers who have 
fallen prisoners have been well treated and released after depriving them 
only of their arms, ammunition, and accouterments. The rebels have re- 
spected towns where they were not fired upon after a call to surrender, and 
pillage has generally been hmited to the grocers' or bodegueros' shops, and 
this exception is due partly to the necessity of supplying tlieir most pressing 
wants and partly to the fact that m.ea of this class — almost exclusively Span- 
iards—have generally made themselves so obnoxious to the poor, and even to 
the troops, by their extortions, that their very names in Cuba have become a 
byword and term of opprobrium. Estates have been spared where there was 
no attempt to grind, and one petty leader, at least, has been sentenced to 
death for extorting $6,000 from a planter. 

Not the least beneficent of their good acts is that of hanging by the way- 
Bide, whenever caught, the "Plateados" or " silver-plated " insurgents, crim- 
inals, who, under the garb of patriotism, have committed thefts and m.urders. 
That this conflict has not degenerated into a war of pitiless extermination 
upon both sides is, in truth, due to the sterling common sense and humanity 
8777 



58 

of Martinez Campos and the better instincts of the Cuban cMefs. They have 
committed none of these indiscriminate butcheries which characterized the 
other side during the last rebellion, though in some few cases they have 
killed defenseless men. They appear to have been provoked to it by some 
act on the part of the unfortunate victims, or these were volunteer officers 
and killed in reprisal because their own are shot when caught. If reports be 
true, many defenseless prisoners and iinarmed peasants have been put to 
death secretly and against orders by the troops, and as this is generally be- 
lieved in the rebel ranks, there is less of such work to lament than could be 
expected. If the small garrisons of the towns had delivered up their arms, 
it is to be supposed that no towns would have burned. They probably 
obeyed orders, Avhether rightly or wrongly given I leave others to decide. 
No right-minded person can sympathize with or approve atrocities by either 
side, i5ut strict justice should be done to both in the opinion of the world, and 
to this end extenuating circumstances should not be hidden. 

Those who are unacquainted with Cuban history may well ask. Who are 
responsible for all this havoc and bloodshed? There is no room left for doubt 
or discussion upon this point. Liberal Spaniards themselves admit the truth ; 
centuries of error and m.isrule and the influence of the old local Spanish party 
opposing those indispensable reforms which would put an end to the spolia- 
tion to which its wealth is due. England by the iiidependence of her best 
colonies learned a great lesson which has been often worth to her all its cost. 
Spain, on the contrary, has been taught nothing by the loss of hers; and Cuba 
is simply going the way of all the rest. Her inadequate rulers have nothing 
now to complain of but their own folly— the Cubans in revolt are what they 
themselves have made them, and innocent and guilty alike are now reaping 
the well-known fruit of the seed that political turpitude has so long been 
sowing. 

The bane, the blight, the curse, and the scourge of Cuba from the days of 
her discovery to the present time have been blind, unbridled egotism and in- 
sa.tiable greed. We find the pages of her history soiled by injustice, extor- 
tion, and fraud, or crimsoned by man's inhumanity to man in an all- pervading 
and conscienceless haste to be rich. Many good men have come to her from 
Spain, contributing to her advancement and welfare, but unfortunately these 
were but a minority. The rest have been a band of spoilers who have hung 
their consciences when they had any upon the v/alls of the Morro upon en- 
tering Ciiba's principal harbor, forgetting, so far as her interests were con- 
cerned, to take them down again when they left. If Spain had always been 
represented here by a majority of the better elements ot her different classes, 
Cuba woued have been one of the most tranquil, prosperous, and haiDpy coun- 
tries in the world. 

Unfortunately for both, mtich immigration has come from Spain's very 
dregs. Priests and prelates have come, not to preach charity and ijractice 
morality, but to extort fortunes from the gross superstitions of rich and 
poor, living openly with their concubines, surrounded by their ill-begotten 
children, arnd have passed away without leaving a single good work to per- 
petuate their names. Judges have been sent with their scales, not to weigh 
out even-handed justice, but gold received for iniquitous decisions, barter- 
ing with wealth upon the one hand and selling freedom and immunity to the 
thief and life to the assassin upon the other. Thousands of avaricious shop- 
keepers have come to fill their coffers by smuggling, extortion, and robbery 
of the poor, going back in peace with their ill-gotten gains, or to sheol without 
them, leaving demoralized descendants, often as illegitimate as the fortunes 
they made, to squander them. Thousands upon thousands of corrupt officials 
have come to pervert the laws and customs, returning ladened with bribes. 
A badly paid and illy organized police have encotiraged vice to live upon sub- 
ornation. Every function of government has been perverted by greed for 
wealth, and not one single element in the whole body politic has been used to 
elevate the m.oral standard of the people or to induce respect for law. 

With such antecedents it is not surprising that one iooJKs in vain about this 
island for endowed schools, hospitals, asylums, or other charitable memen- 
tos of the vast fortunes that generation after generation have been made 
and spent or preserved in miserly egotism: that the rich have felt that they 
owed nothing to the country which gave them their wealth, and have often 
shifted the burdens of taxation to the shoulders of the poor; that the poor 
feel neither respect for nor gratitude to the rich, to whom they owe nothiKg; 
that the laborer has been considered unworthy of his hire and too often de- 
frauded of his pittance without redress. Disregard of natural rights has 
never begotten a sense of justice, nor are extortion and the illicit distribu- 
tion of wealth the best means for inculcating the sacredness of property 
rights or to prevent their possession being looked upon by the ignorant 
masses as being an injustice nearly allied to crime. 

Among those who have joined this revolt there are few who had anythmg 

to lose biit their lives, their liberty, or their good names; and, educated in such 

a school, it is not to be wondered at that they should think themselves justified 

by their aims in desolating their own country as though it were that of the 

2777 



59 

enemy in a barbarous age, looking upon tlieir fatal vrork as the well-merited, 
spoliation of tiieir despoilers. There are naturally in the dregs of this revolu- 
tion anarchistic tendencies which, if it is unsuccessful, will become more ap- 
parent in the future. Meanwhile, with over 200,000 men (including the vol- 
unteers), the Government seems utterly unable, for the present, to put any 
check to this destruction. 

Spain's rule is being weighed in its own iinbalanced scales, measured with 
its own false, unequal measures, and found most lamentably wanting. Long- 
delayed retribution has come at last with red-handed avengers, Spain's own 
begetting, falling alike upon the just and the unjust and the innocent and 
the gxiilty— " Mene, tekel, upharsin," is being written in letters of fli-e from 
Ca.pe San Antonio to Point Maisi, upon the black clouds of smoke from Cuba's 
blazing crops and villages, and the end is not. The fertile plains of the 
brightest jewel of the Spanish crown are once again being devastated by fire 
and sword; her rich soil is once again being fructified by human blood, while 
her verdant hills, silent witnesses of all the long, eventful story of sardonic 
nepotism, injtistice, and misrule, seem to echo back the old war cry of tliQ 
criLsaders, " It is the will of God; it is the will of God." 

Mr. MORGAN. If I iaad liad tliis letter read in tlie beginning 
of my remarks I -wotild not have needed to say mucli else; but it 
is due to the committee, whose action I am endeavoring to justify, 
that I should present to the Senate this and other authentic evi- 
dence upon -which its action is based. 

The committee have made no mistake in declaring that — 

A condition of public war exists between the Government of Spain and the 
government proclaimed, and for some time maintained by force of arms, by 
the people of Cuba. 

This Cuban government rests upon the civil power of the peo- 
ple who supi)ort it and recognizes, as we do, that the military 
power is subordinate to the civil pov/er. The government of the 
Republic of Ctiba, through its accredited agent, has sent to our 
Government a statement of their claims for recognition as bellig- 
erents, in which there is no apparent misrepresentation as to ex- 
isting facts and conditions in Cuba. 

I will hereafter lay before the Senate so much of that document 
as relates to the organization, constitution, and-some general laws 
of the Republic of Cuba, 

These papers are carefully prepared and bear witness to a re- 
markable aptitude and ability in the organization of anew republic, 
born in the throes and travail of internecine war. 

We find, then, the actual existence of an open civil war for in- 
dependence, waged by a great number of the people of Cuba who 
sanction it and give to it their support through the powers of 
civil government, and support it also with large, well-organized, 
and brave armies in the field, which have already overrun and 
are in control of more than half the territory of Cu1)a. 

This situation fully justifies the United States in giving recogni- 
tion to the Cuban Republic as a belligerent power and to the people 
of Cuba our recognition of their rights under the laws of civilized 
warfare. 

If this resolution is adopted, it will impose upon the United States 
certain duties to which we must give careful consideration. 

1. What is the attitude of the United States tov/ard Spain if the 
belligerent rights of Cuba are recognized? 

It is an attitude of peace and friendship, without either the in- 
tent to give offense or to challenge or dispute the sovereignty of 
Spain over the Island of Cuba. Spain did not offend the United 
States when she recognized the Confederate States as belligerents, 
nor do we offend Spain by recognizing the Cuban Republic or the 
Cuban people as belligerents in an open public war. 

We do not conceal the earnest sympathy of our people with the 

2777 



60 

people of Ciiba in tlieir struggle for independence, but until we 
are compelled we will not raise a hand to assist them. 

General GrantJ in his special message to the Congress of the 
United States on the subject of recognizing the belligerency of 
Cuba in the then existing war with Spain, on the 13th of June, 
1870, says as follows: 

The question of belligerency is one of fact not to be decided by sympathies 
for or prejudices against either party. The relations bet^veen the parent 
state and the insurgents must amount, in fact, to -vrar in the sense of interna- 
tional law. Fighting, though fierce and protracted, does not alone constitute 
war; there must be military forces acting in accordance with the rules and 
customs of war— flags of truce, cartels, exchange of prisoners, etc. — and to 
.justify a recognition of belligerency there must be, aboYe all, a de facto polit- 
ical organization of the insurgents sufficient in character and resources to 
constitute it, if left to itself, a state among nations capable of discharging the 
duties of a state, and of meeting the just responsibilities it may incur as such 
toward other powers in the discharge of its national duties. 

That was a statement raade by General Grant in his message, 
upon which he iDredicated a refiisal to recognize the belligerent 
rights of Cuba in the preceding war. The present situation in 
Cuba has brought those people entirely vv^ithin the strictest con- 
struction of all the doctrines and principles stated in the message 
of General Grant. I deem it unnecessary to read any further from 
the great number of authorities, many of them American, in which 
this same doctrine is stated, oftentimes with greater liberality, in 
favor of according belligerent rights than it is here stated by 
General Grant. 

If we act in good faith and from proper motives in recognizing 
the belligerent rights of the Cubans and of the government they 
set up, Spain has no claim upon us, by treaty or otherv/ise, that 
forbids us to give this recognition. 

The question on which our rights hinge in this matter is a ques- 
tion of fact which we must decide for ourselves. 

I quote from a statement of Mr. Webster, made on the 5th of 
April, 1842, in a paper which he addressed to Mr. Thompson: 

If citizens of the United States, enlisted in the service of an insurgent 
power whom the United States acknowledges as belligerent, but which is not 
so acknowledged by the parent State, should be treated when captured by 
the parent State otherwise than as prisoners of war, and their release, when 
demanded by the United States, should be refused, "consequences of the 
most serious character would certainly ensue." 

Mr. Cass says on the same subject: 

I am not aware that in this coiintry any solemn proceeding, either legisla- 
tive or executive, has been adopted for the purpose of declaring the status of 
an insurrectionary movement abroad, and whether it is entitled to the at- 
tributes of civil war, unless, indeed, in the formal recognition of a portion 
of an empire seeking to establish its independence, which, in fact, does not 
so much admit its existence as it announces its result, at least so far as re- 
gards the nation thus proclaiming its decision. But that is the case of the 
Admission of a new member into the family of nations. 

Mr. Cass refers to "the case of the adimssion of a new member 
into the family of nations," as to which if must be observed that 
there is a very marked distinction. We have had three recent 
illustrations of the action of the Government of the United States 
in the admission of republican forms of government to succeed 
monarchies, one in France, one in Spain, and one in Brazil, in all of 
which, having ministers recognized by the Government which had 
previously esisted, when the change took place from monarchy to 
republicanism, our Government was in haste to recognize the re- 
publics, and in the case of France, and of Spain also, authorized 
the recognition of the new republics by cablegram. 
S7T7 



61 

When, lioweyer, fi country is divided asunder, some of its 
pro^inces or parts falling off from tlie others and claiming inde- 
pendence, particularly when that country is one of contiguoug 
territory, as in the case of Texas, the recognition must he made 
hy some other power than the President of the United States, 
because that fact brings a new nation into the family of nations 
and the political existence of that nation as one of the family of 
nations must be established in this country by law. Thereafter, 
when it is thus established and thus recognized by law, the Presi- 
dent of the United States, as the Chief Executive, and as the con- 
stitutional conductor of our diplomatic relations, has the right to 
recognize the person who may preside in that Government as 
being entitled to exercise the functions of his olHce. General 
Cass draws, inferentially, the distinction between the tv^'o cases 
in the remarks that I have just read, 

Mr. Fish, in a letter to Mr. Motley dated the 25th of September, 
1869, says: 

The President does not deny, on the contrary he mamtams, that every sov- 
ereign power decides for itself, on its respcnsibility, the question whether or 
not it will, at a given time, accord the status of toelligerency to the insurgent 
subjects of another power, as also the larger question of the independence of 
such subjects and their accession to the family of sovereign states. 

Thus we see that the right to recognize a foreign government as 
being a belligerent pov^J^er is one that the Government of the United 
States asserts upon its own responsibility, and, I will add, with 
reference only to the rights and sympathies of its own people. It 
does not stop to consider whether or not it has a justification in 
the eyes of the country within whose limits an insurrection has 
arisen which has grown into the proportions of public war and a 
declaration of independence. It does not stop to consider the 
merits or justice of the case as between the insurgents and the 
mother countr3^ 

It does not stop to weigh with fiiie nicety of distinction what 
may be the appropriate moral sentiment of the mother countr j^ in 
refusing to g'ive up the i^ortion of her territory thus claiming in- 
dependence. What the United States Government does and must 
do in a case of that kind is to follow the line of the interests and 
rights of her own people and the duties and obligations she owes 
to them. 

I will admit that in acting in this way she may have very slight 
justification or no justification, and the motives of her action may 
be attributed to some jealousy of the mother country, to some 
ancient pique, or grudge, or revenge. If this was true, the Gov- 
ernment* of the United States could be held morally responsible in 
the sense of the laws of nations for having interfered without 
just cause or necessity in the affairs of another country. But 
when, as we have seen in the statements that I have brought to 
the attention of the Senate, commencing as far back as 1S23, there 
is a continuous purpose on the part of the Government of the 
United States to see that no inhu.man persecutions shall be visited 
upon the Cuban people because they felt the aspirations of liberty 
burning in their hearts, when we have pursued during all of this 
period of time the most guarded and conservative course toward 
Spain, when we have placed, as I remarked last Thursday, stat- 
utes upon our books of the severest character to prevent our people 
from availing themselves of the ordinary privileges of the laws of 
nations in cases like this, nothing can be imputed to us except that 
we are driven by the power of facts, for which we are not in the 
2m 



62 

sliglitest degree responsible, to that serious attitude in Vv/-iucli we 
are bound to acknowledge, in deference to the rights and feelings 
of olu- own people, that the people of Cuba are lawful belliger- 
ents under the laws of nations. 

The reasons why the Government of the United States has this 
peculiar right under these peciiliar circumstances are various and 
numerous. I will undertake to cite a very few of them. First, 
the nearness of the strife to our own borders. Mr. Fish, Secretary 
of State, writing to Mr. Motley, 25th of September, 1869, announces 
this doctrine: 

Or actual liostility might have continued to rago in the theater of insur- 
gent war, combat after combat might have been fought for such a period of 
time, a mass of men may have engaged in actual war until they should have 
acquired the consistency of military power, to repeat the idea of Mr. Can- 
ning, so as evidently to constitute the fact of belligerency, and to justify the 
recognition by the neutral. Or the nearness of the seat of hostilities to the 
neutral may compel the latter to act; it might be his sovereign duty to act, 
however inconvenient such action should be to the legitimate government. 

President Grant, in his annual message in 1875, says: 

'The question of according or withholding rights of belligerency must be 
judged in every case in view of the particular attending facts. * * * This 
conflict must be one which will be recognized ia the sense of international 
law as war. Belligerency, too, is a fact. The mere existence of contending 
armed bodies and their occasional conflicts do not constitute war in the sense 
referred to. 

A civil war- 
said Judge Grier, giving the opinion of the Supreme Court in the 
Prise Cases (2 Black, 667) — 

is never solemnly declared; it becomes such by its accidents— the number' 
power, and organization of the persons who originate and cpa-ry it on. When 
the party in rebellion occupy and hold in a hostile manner a certain portion 
of territory; have declared their independence; have cast off their allegiance; 
have organized armies; have commenced hostilities against their former sov- 
ereign, the world acknowledges them as belligerents and the contest a war. 

I now read from Woolsey on International Law, App. Ill , note 19: 

There may be a diflficulty in ascertaining when the fact of war begins, and 
this difficulty is the greater in cases of insurrection or revolt, where many of 
the antecedents and premonitory tokens of war are wanting, where an insur- 
rection may be of little account and easily suppressed, and where war bursts 
out full-blown, it may be, at once. Our Government has more than once 
professed to govern its action by the following criteria expressed in Mr. 
Monroe's words relating to the Spanish South American revolts: " As soon as 
the movement assumes such a steady and consistent form as to make the suc- 
cess of the provinces probable, the rights to which they were entitled by the 
law of nations, as equal parties to a civil war, have been extended to them." 

But this rule breaks down in several places. The probability is a creature 
of the mind, something merely subjective, and ought not to enter into a defi- 
nition of what a nation ought to do. Again, the success does not depend on 
steadiness and consistency of form only, but on relative strength of the 
parties. If you make probability of success the criterion of right in the case, 
you have to weigh other circumstances before being able to judge which is 
most probable, success or defeat. Would you, if you conceded belligerent 
rights, withdraw the concession whenever success ceased to be proljable? 
And, still further, siich provinces in revolt are not entitled by the law of na- 
tions to rights as equal parties to a civil war. They have properly no rights, 
and the concession of belligerency is not made on their account, but on ac- 
count of considerations of policy on the part of the state itself which declares 
them such, or on grounds of humanity. 

The writer then goes on to cite a number of instances v^hich I 
will not undertake to detain the Senate by reading. 

The time of this recognition is appropriate. I cite again, in sup- 
port of this doctrine, Woolsey's International Law: 

The true time for issixing such a declaration, if it is best to issue it at all, is 

when a revolt has its organized government prepared by law for war on 

either element or on both, and when some act, involving the open intention 

and the fact of war, has been performed by one or both of the parties. Here 

277r 



63 

are two facts, tlie one political, the other pertaining to the acts of a political 
body. The fact of war is either a declaration of war or some other implying 
it, like a proclamation of blockade, or, it may be, actual ari&.ed contest. 

lu the wars tliat have occxirred in Cuba many occasions have 
presented when our withholding a declaration of belligerency and 
neutrality has been unjust to our national character, until, indeed, 
our forbearance has been counted to us by other powers as proof 
of our weakness as a government. 

Our esperiences in Cuba demand that no war shall exist there 
without our especial supervision as to the treatment of our people 
who are engaged in it, or are resident there, and if it is necessary 
for us to treat both parties as belligerents, we must do so m order 
to assert against them and impose upon each the duties and obli- 
gations of civilized warfare and of respect for the rights of our 
people. 

With insurrections occurring in Cuba frequently, and almost 
with a regularity proportioned to the time needed to recover from 
one war before another is begun, and every struggle made disas- 
trous to the property of our people in Cuba and horrible with the 
sacrifice of lives and other outrages on humanity, we have the 
right to interpose our recognition that a state of war esists ancT. 
to maintain an armed neutrality, if need be, through which we 
shall separate between these warring parties, and hold the Gov- 
ernment that is guiltj' of wrong to our citizens to its responsi- 
bility for such conduct. 

If Ave consent to stand by and witness these Spanish methods of 
dealing with oiir people until these long struggles are ended, and 
then to seek the price of their blood through the protracted delays 
of Spanish diplomacj'', the respect we shall thus exhibit for the 
sensibilities of a cruel monarchy will in the end destroy our self- 
respect. 

I prefer now, in anticipation of what is about to occur — and we 
know will surely occm-, as it has in each of these bloody wars — to 
act upon the declaration of our rights made in President Jackson's 
seventh annual message, in 1835, from which i will read: 

Unfortunately, many of the nations of this hemisphere are still self-tor- 
tured by domestic dissensions. Revolution succeeds reTolution; injuries are 
committed upon foreigners engaged in lawful pursuits. Miich time elapses 
before a government sufficiently stable is erected to justify expectation of 
redress. Ministers are sent and received, and before the discussions of past 
injuries are fairly begun, fresh troubles arise; but too frequently new inju- 
ries are added to the old, to be discussed together with the existing govern- 
ment, after it has proved its ability to sustain the a,ssault3 made upon it, or 
with its successor, if overthrown. If this unhappy condition of things con- 
tinue much longer, other nations will be under the painful necessity of de- 
ciding whether justice to their suffering citizens does not require a prompt 
redress of injuries by their own power, without waiting for the establish- 
ment of a government competent and enduring enough to discjLss and make 
satisfaction for them. 

That was a doctrine which was evoked by the fact of our being- 
near to nations which were constantly afliicted with these spasms 
of tm-bulence and revolution. President Jackson, after his usual 
style, met it with a declaration that is American throtigh and 
through, and j fist through and through, and it is upon thatgiY)und 
we stand to-day as fii-mly as we stand upon any other that affects 
our honor, or peace, or the safety of our people, when we demand 
that Spain, in the conduct of its war against Cuba, shall accord to 
her the attitude of a belligerent, so that if she achieves her inde- 
pendence we can hold her responsible for the wrongs done to our 
people. When Spain has succeeded in suppressing these revolts 
against her sovereignty in Cuba, her wars have left to us the 



64 

legacy of devastated property to great amounts, for which, no 
recompense has been made, and many lives of onr people wasted 
•without so much as an expression of regret. 

It is asking too much of us in the name of courtesy or friend- 
ship that we should abstain from applying, in behalf of our peo- 
ple, the laws of civilized warfare, when the existence of public 
war is notorious and undeniable, because such a declaration may 
give countenance or encouragement to great bodies of people who 
are fighting for their liberty. 

We have in many cases declared the rights in favor of our own 
people that are stated in the message of President Jackson from 
which I have quoted. 

As to the occasions in the past when cruel barbarities have been 
perpetrated on our people in utter defiance of ouv treaty rights, 
applicable especially to Cuba, I v/ill cite the comments of some of 
our eminent statesmen. 

Speaking generally of the war in Cuba in 1875, Mr. Fish thus 
states the situation to Mr. Orth, November 15, 1875: 

Yoii will further state that the President is of opinion that should the Gov- 
ernment to which you are accredited find it consistent with its views to urge 
upon Spain the importance and necessity of either terminating or abandon- 
ing this contest, which now after a continuance of seven years has not ad- 
vanced toward a prospect of success on either side, hut which is characterized 
by cruelties, by violations of the rules of civilized modern warfare, by pillage, 
desolation, and wanton incendiarism, threatening the industry, capacity, and 
production of an extended and fertile country, the friendly expression of 
such views to Spain might lead that Government to a dispassionate consider- 
ation of the hopelessness of the contest, and tend to the earlier restoration of 
peace and prosperity to Cuba, if not to the preservation of the peace of the 
world. 

President Hayes takes up this subject in his first annual message 
in 1877, and says: 

Another year has passed without bringing to a close the protracted contest 
between the Spanish Government and the insurrection in the Island of Cuba. 
While the United States have sedulously abstained from any intervention in 
this contest, it is impossible not to feel that it is attended with incidents 
affecting the rights and interests of American citizens. Apart from the effect 
of the hostilities upon trade between the United States and Cuba, their prog- 
ress is inevitably accompanied by complaints, having more or less foundation, 
of searches, arrests, embargoes, and oppressive taxes upon the property of 
American residents, and of unprovoked interference with American vessels 
and commerce. It is due to the Government of Spain to say that during the 
past year it has promptly disavowed and offered reparation for any unau- 
thorized acts of unduly zealous subordinates whenever such acts have been 
brought to its attention. 

That is more than Spain has deigned to do in the present war, 
so far as I am informed. 

Now, as to the administration of justice in Cuba in times when 
the civil wars were flagrant, I will read a few observations, be- 
cause it is in that particular matter that our people have perhaps 
a deeper concern than almost any other. Mr. Fish, writing to 
Mr. Sickles, November 25, 1870, says: 

I inclose a copy of a decree said to have been made by a military tribunal 
in Cuba, and published in the Diario de la Marina on the 9th of November, 
current. 

This decree purports to condemn to death sundry persons named in it as 
the central republican junta of Cuba and Puerto Rico, established in New 
York, and to confiscate their property. It appears affirmatively in the de- 
cree that none of the condemned had appeared before the court. 

Condemning men to death who were living at that time in New 
York and had never been before the court. 

This revolutionary body, known as the Cuban junta, vohmtarily disbanded 
itself about one month before this decree was made, and announced its inten- 
tion to discontinue any hostile purpose it might have entertained against Span- 
2777 



65 

isli rule in Cuba. During its previous history its acts, so far as conflicting with 
the laws of the United States and the international duties of this Government, 
were repressed by the President. This Department has also been officially 
informed by Mr. Roberts that the state of affairs in Cuba is regarded as a 
favorable one by the Spanish Government, and that in consequence of that 
the extraordinary powers previously vested in him had been withdrawn. 
This Government has therefore seen with surprise and regret the announce- 
ment of a policy in Cuba v^^hich is ai^parently uncalled for by any present 
emergencies, which is not in harmony with the ideas now entertained by the 
most enlightened nations as to the treatment of political offenses, and which, 
as it appears to us, will tend to continue the unhappy disturbances which 
exist in Cuba. 

Very numerous controversies — one we have recently settled in 
the Mora case — have arisen betv/een Spain and the United States 
growing oiit of this insurrection, and have tied to long diplomatic 
interchange of notes and a great deal of angiy contention and 
disturbance between these two Governments. 

In the present war we have an account from our consuls in 
Cuba of the arrest of twenty-seven American citizens and the 
expulsion of others, and of the destruction of much valuable prop- 
erty of our citizens. I need not dwell on these incidents as show- 
ing, by object lessons, the renewal of the horrsrs of former wars 
for the independence of Cuba. 

The present war, since the more humane plans of General Cam- 
pos have caused his recall to Spain, to give place to Valerian 
Weyler, has received an impress of cruelty in the decrees he has 
promulgated as commander in chief and Captain-General for its 
further prosecution that is more ferocious than any that any ruler 
has dared to avow in modern times. 

It iDroclaims a war against the people, against the poor and the 
helpless, against women and children, and all movable property, 
trade, food supplies, and every element of personal liberty, whether 
of speech or action, with a cruel cunning and atrocity that has 
no parallel in the history of modern civil wars. 

This bloody code will as surely be enforced in its terrible and 
discretionary penalties against our people in Cuba as that any of 
them are found there suspected of sympathy with the Cuban 
people. It violates our commercial rights and annuls the treaty 
stipulations for the trial of our citizens who are accused of crime 
in Cuba. 

Summary conviction and sudden death are imposed upon those 
who "insult their superiors." If a fancied or affected insult to 
the haughty pride of the Spanish hidalgo is made by some poor 
victim, under the goad of imperious persecution, the courts are 
dispensed with and the egotistic and lordly tyrant becomes at once 
the judge and executioner. 

If any such wicked decree is made and execated under this 
Weyler code against any citizen of the United States, Spain had 
as well iTuderstand now as later that 70,000,000 freemen will visit 
upon her a punishment compared with which the loss of Cuba 
would be as a pleasing satisfaction. 

As a warning of certain redress against this dictation of a ruth- 
less tyrant, and as plain notice to the native Cubans who may be 
driven into retaliation by its murderous denunciations, the least 
we can do is to place both parties in the national attitude of bel- 
ligerents, so that we can hold each of them responsible for their 
conduct in dealing with citizens of the United States. 

The declaration of neutrality when made by us imposes on us 
the duties of neutrality, and this is all that it does. I will state 
them very briefly. 
2T77-5 



66 

The duties imposed upon us are that we are bound to restrain 
enlistment by belligerents ; we must restrain the forming of armed 
expeditions; we are bound to restrain the fitting out and selling of 
armed cruisers to the belligerents, or the passage of belligerent 
troops over our soil; we are bound not to permit our territory to 
be made the base of belligerent operations, nor to permit bellig- 
erent naval operations in our territorial waters, nor to permit the 
sale of prizes in our ports; we are bound to redress damages done 
to belligerents by oar connivance or neglect. 

Now, what are the rights of our people under this declaration 
of belligerency, which involves, of course, the declaration of neu- 
trality? They may trade v/ith either belligerent and may trade 
with the colonies of the belligerent which are not even open to 
trade in times of peace. We may permit free discussion as to for- 
eign sovereigns. We ms.j permit our people to furnish funds or 
supplies to the belligerents. Our people may furnish them v.dth 
munitions of war. They may enKst in the service of the belliger- 
ents, provided they do not, in contravention of our ov^n stattites, 
enlist in this country or enlist in bodies formed for tlie purpose ot 
actually organized into military scjuads. VV e are permitted to 
sell them ships or to buy ships from them. V/e are permitted to 
give an asylum to the belligerent ships or troops in our i^orts or 
on land. 

Mr. President, that exhausts the list of the duties, and obliga- 
tions, and the rights of persons thus involved in belligerency, ft is 
needless to state more fully what are the rights and duties of neu- 
trals in time of war, because this resolution is not the least indi- 
cation of hostility to either of the belligerent governments in 
Cuba, but imposes upon us the duty of preserving a relation of 
friendship to both. 

Whether our statutes restrain our citizens v/ithin narrower lim- 
its in their intercourse with, belligerents than the laws of nations 
prescribe is not a material inquiry at this time, for ouir proposed 
action is based upon our sense of right and duty, and is moved by 
our sense of justice and our sympathy with those who are harshly 
treated, and not by any advantages of trade that may come to or^r 
people in their intercourse v/ith either of the belligerents. 

With peace in Cuba v/e have very liberal rights of trade with 
those people. 

Spain declares that Cuba is at peace and only a faction of the 
loeople there are engaged in sedition or insurrection. But with 
this declaration of peace she imposes upon our trade in contraband 
and in supplies to places in rebellion the laws of war. 

We are thus forced to declare the existence of open war that 
our people may enjoy the rights of neutrals in war, at the risk of 
capture, that are denied to them as the friends of Spain because 
Cuba is in a state of insurrection. 

Thus peace shuts us out from trade with Cuba, and we declare 
that war exists there, so that we may have as much freedom of 
trade as a state of war will give us. As it is, our trade is virtually 
abolished. 

Along with open vfar we have the right to insist that it shall 
be civilized warfare. 

Upon this subject I could read, if I felt disposed to detain the 

Senate, some statements from the Cuban agents who are here, 

which, I think, would be highly worthy of attention; and I hope 

other Senators who may be disposed to engage in this debate wUl 

S777 



67 

look up that subject, and I will furnisli tliem with the information, 
if they desire to have it. 

But it is a canon of universal acceptance among all Christian 
nations that in modern times, at least, the laws of civiliaed mod- 
ern warfare shall be observed by all belligerents. 

The nest question, Mr. President, upon which I propose to make 
some discussion is in answer to the question put to me, I think by 
the Senator from Massachusetts [Mr. Hoak] , or one of the Sena- 
tors, as to who may declare the belligerent rights of a foreign peo- 
ple, whether the President or Congress, or both in conjunction. 
Upon this proposition, Vv^hich does not really arise upon the reso- 
lution reported by the committee, I will take the opportunity of 
submitting some further considerations to-morrov/, as it is en- 
tirely disconnected with the question of our right and our duty 
to recognize the belligerency of Cuba and the manner in which it 
shall be done, and v\^hetlier this resolution, now offered in the 
Senate by the Committee on Foreign Relations, shall be effectual 
for that purpose is a question entirely aside from our right and 
duty to recognize the belligerency of Cuba. 

I wish to say, then, Mr. President, that not one word that I have 
uttered on this floor, and not one word, I think, that has been or 
will be uttered by any other Senator, arises from any jealoiisy of 
Spain or any disposition to do her any wrong, to subject her to any 
humiliation or any injustice. We are speaking now only in be- 
half of our own people, who, innocently on their part, have been 
drawn into a situation where a decision must be made in their 
behalf as to the fact wiiether a v>Ttr esists in Cuba or does not 
exist there. I have already cited and read the authorities to prove 
that any American citizen found in the Island of Cuba has the pri- 
vate right to determine for himself whether war esists there or 
not, and to regulate his conduct according to his intelligent deci- 
sion of that proposition. 

If while he is in the interior of Cuba he makes a contribution to 
the Cuban army, whether he does it voluntarily or under a con- 
straint imposed upon him, he has the right, as I have proved by 
the authorities I have cited, to decide for himself whether the 
party to v/hich he makes that contribution is engaged in public 
war and is the representative of a political do facto government 
controlling in that immediate vicinitj-. That decision made by 
him protects him, and there is not a power v/hicli belongs to the 
Government of the United States which will notbeeserted to pro- 
tect that man in making his decision, as much as it would a sol- 
dier who might muster under our flag in virtue of a concurrent 
or joint resolution passed this day in the two Houses of Congress 
and signed by the President. The fact of belligerency is the thing 
v/hich determiiaes the right — not the justification of the belliger- 
ents, not the purposes of the war; but if a public, open v/ar esists 
in Cuba to-day our own private citizens may determine 'it, and 
must determine it if they are found there, as we see they have been 
in many cases. 

The case of Mr. Atkins, to which the Senator from Massachu- 
setts referred, is a case directly in point. What must Mr. Atkins 
do? he inquires. Must he pay this tribute of $3 a ton, or what- 
ever it is, which is levied upon him by the Gomez government or 
the Cisneros government, the civil government and the military 
government of the Republic of Cuba, or shall he refuse to pay it 
to them? if he pays it to them voluntarily, Spain holds hirn 
2777 



68 

accountable, and liis property is v/ithin lier domain and is threat- 
ened with emlDargo. If he does not pay it to the Cuban republicans, 
his property will be destroyed, or perhaps a forced levy made upon 
him. That man has the right to decide the question, and if he 
makes a pa,yment to the Cuban rebels under such conditions and 
circumstances, and Spain undertakes to embargo or confiscate his 
property because he is giving aid and comfort to the enemy, the 
G-overnment of the United States would be bound to step in and 
say: "Mr. Atkins was compelled to make the decision and had 
the right to do it; you did not have the power to extend your 
Government protection over him at the time, and the only pro- 
tection he could gain was by his intelligent decision as to whether 
this v/as in fact a mere mob or riot or insurrection, or whether 
it was a public war." 

So we have got to trace such questions up, in such cases, begin- 
ning vrith our people whose persons and property are upon that 
island, and we have got to follow them through all of its stages, 
so as to see that men who have even gone contrary to our own 
laws and enlisted in the Cuban service, or, if you please, in the 
Spanish service, are protected by the laws of civilized warfare. 

There is no public reason, there is no reason founded in justice, 
there is nothing which animates the heart of an honest American 
which fui'nishes to us, in my jtidgment, on this serious occasion 
the slightest justification for refusing to recognize a fact which 
the whole world is botmd to acknowledge. If we make that recog- 
nition now, it may have some impression upon this war to carry 
it in favor of one party or the other. If it does, that is not otir 
intention. What we intend to do is to declare a state of public 
war as existing there, because that is the fact, because that is the 
truth, it is our duty to our own people to recognize it, and only 
to them. 

More than that. If we make this recognition now, and if this 
rebellion be put dov/n,if this insurrection is quelled, the next one 
which comes, or the next — for come they will, come they must, 
and we know it — will come under the premonition of a decided 
policy of the United States of America. When these people in 
search of their liberties and in demand of their natural rights 
again flare ovit into open public war, though it may be done in an 
hour, though it may not be done in a month or a year, Spain will 
have notice that she can not consider them and our xDeople who 
may be there and who may be obedient to the authority of the 
de facto government in the light of mere criminals and culprits, 
liable to be shot to death when she captures them with arms in 
their hands, or without; she must hereafter treat them according 
to the fact, and when the fact becomes obvious, and is known the 
world over, and there is none who can honestly dispute it, she must 
recognize that fact and extend to the belligerents the rights of 
civilized warfare. 

I desire to retain the Soor for a few moments to-morrow on the 
pending resolution. 

Mr. DUBOIS. Mr. President 

Mr. WHITE. Will the Senator from Idaho yield to me for the 
purpose of allov/ing me to offer a substitute for the pending reso- 
lution, simply that_it may be printed before to-morrow, and for 
no other purpose? i do not wish now to offer any remarks about it. 

Mr, DUBOIS. I yield for that purpose. 

Mr. MORGAN". Let the proposed substitute be read, Mr. Presi- 
dent. 

2777 



69 

The VICE-PSESIDENT. The proposed substitute will be read» 
The Secretary read as follows: 

Eesolved, That the Senate contemplates with solicitude and profound regret 
the sufferings and destruction accompanying the civil conflict now in progress 
in Cuba. V/hile the United States have not interfered and will not, unless 
their vital interests so demand, interfere with existing colonies and depend- 
encies of any European Government on this hemisphere, nevertheless our 
people have never disguised and do not now conceal their sympathy for all 
those who struggle patriotically, as do the Cubans now in revolt, to esercise, 
maintain, and preserve the right of self-government. Nor can we ignore 
our exceptional and close relations to Cuba by reason of geographical prox- 
imity and our consequent grave interest in all questions affecting the control 
or well-being of that island. We trust that the executive department, to 
whose investigation and care our diplomatic relations have been committed, 
will, at as early a date as the facts will warrant, recognize the belligerency of 
those who are maintaining themselves in Cuba in armed opposition to Spain, 
and that the influence and offices of the United States may be prudently, 
peacefully, and effectively exerted to the end that Cuba may bo enabled to 
establish a permanent government of her own choice. 

The VICE-PSESIDENT. The aniendment will be printed. 



February 25, 1S96. 

The Senate resumed the consideration of the concurrent resolu- 
tion reported by Mr. Morgan on the 5th instant from the Com- 
mittee on Foreign Relations. 

Mr. MORGAN. Mr. President, I had reserved to myself, with 
the consent of the Senator from Delaware, who will succeed me 
in this debate, the opportunity to present to the Senate the docu- 
ments that I ,spoke of yesterday; and being very desirous to get 
before the country and the Senate, as far as it is possible to do so, 
an authentic statement of all the facts that are necessary to be 
considered in discussing this resolution and in coming to a vote 
uiDon it, I will ]Dresent the civil organization of the Republic of 
Cuba, of which Mr. Salvador Cisneros Betan court is the President, 
and which was adopted at Mangus de Baragua on the 16th of Oc- 
tober, 1895. I will not undertake to read this document, but I 
will ask that it be appended to my remarks as it is printed from 
page -30 to page 35, both inclusive. (See Appendix A.) 

There are a number of other regulations a,ff:ecting the militarj'' 
and also laws ordained to govern the civil relations of the people 
of the Republic of Cuiba which would be very interesting for ex- 
amination; and I hope that those who choose to debate this ques- 
tion and those who wish to give it a very thorough consideration 
will refer to those laws, some of them relating to civil marriage 
and to other civil institutions, laws for the service of communi- 
cations and the postal system, laws to regulate the public treas- 
ury, and laws of the government council of the nation, all of 
which are very admirably prepared and embody a most excellent 
system of government as it is adapted to the situation in Cuba at 
this time. 

_ My purpose in presenting this paper is to show that there i.s a 
civil foundation for that government. Cisneros Betaneourt is the 
president of that republic. He was the president of the repub- 
lic at the time of the suri'ender in 1878. That fact is stated in the 
papers sent in by the President of the United States in his message 
May 14, 1878, which I vfill also print as an appendix to my re- 
marks, in which will be found two letters written by the then 
minister of Spain at this capital, Antonio Mantilla, which relate 
to the terms of the capitulation that were entered into by the Re- 
public of Cuba in 1878. I will read from one of the dispatches 

2777 



70 

announeing tlie result of that reconciliation. It is from Flores, 
and was dated at Santa Crnz on tlie 12th of February, 1378. It is 
addressed to Director del " Diario de la Marina," Habana, and is 
as follows: 

The peace of tlie island is now a fact abont to be realized. The president 
of the CulianEepnblic, Maximo Gomez, chamber and governraent in accord 
with the force of the Camagney, are at work to realize peace. Also, in the 
Villas and Oriental departm.ents. For those two departm^ents commissions of 
important chiefs have left with that object. Hoatilities suspended in all the 
island. 

PL.OEES. 

Alt esamination of tkese papers shows a distinct recognition of 
the existence of the Republic of Cuba at the time this cai>itiilation 
took place, and it shows that Maximo Gomez, who is the com- 
mander-in-chief of the armies of the Cuban Republic as it now 
esists, was busily engaged in an effort, which was applauded by 
the Sj)aniards, an honorable effort, to secure peace upon the terms 
of the capitulation that was entered into at that time between the 
Spaniards and the Cubans. That capitulation contains various 
stipulations, some of them added to the original article by after 
agreement. 

In order to get the history of that transaction clearly before the 
Senate and the people of the United States, I vnll ask leave to 
print as an appendix to my remarks each of these letters. I would 
not encumber the Regoed with these extensive publications but 
that it is necessary in order to get at an exact statement of the 
political situation in the Island of Cuba at the time this capitula- 
tion took place. I also wish to emphasize the fact that the con- 
stitution and plan of organization of Cisneros, v^ho was then 
president of the republic, and is now again president of the re- 
public as it is at present declared, is in substance the same gov- 
ernment that is now restored and is in operation, as is set f orfh in 
the document which I now present. (See Appendix B.) 

These papers show the existence in 1878, and for m.ore than ten 
years before that time, of a repiiblic in the Island of Cuba, which 
was recognized as such in the capitulation itself, not in the very 
language of ^the capitulation, but in all of the attendant informa- 
tion and facts which were given out to the public by the minister 
of Spain at this capital in order to justify the conduct of the Span- 
ish Grovernment and also to satisfy this country that permanent 
peace had ensued. 

I mentioned on yesterday that the Cubans w.ho now com.priHe 
this government, including of course the anity that is n:ow in 
existence, insist that their present action is justified entirely, and 
by subsequent abuses which took place after that capitulation, 
which involve violations of the agreement entered into between 
Spain and Cuba, on various occasions, some of which acts, as 
charged by the Cubans, are very outrageous, if they be true. Per- 
haps it is not necessary for me to express an opinion on the ques- 
tion as to whether their allegations are trtie or not, except as a 
justification of the course that the committee have taken and that 
I am now advocating on the floor of the Senate. I do believe in 
their truth ; I have nowhere seen them disputed. They stand forth 
as facts which have been published to the v>?orld now for more 
than a year witliout any contradiction that I have ever seen. 

The war which has ensued for the purpose of the redress of those 

grievances and for the reclamation of those rights that were thus 

betrayed into the hands of the Spanish Crown by a breach of their 

solemn obligation has progressed to the degree and condition of 

3777 



71 

open, public war, which I undertook yesterday to establish both 
from the accounts of the Cubans and from the accounts given by 
our own consuls in their communications sent to this Government. 

Martinez Campos is everywhere spoken of in the papers to which. 
I have just referred as a man of broad patriotism, great ability 
and benevolence; as a man who, when he was fighting the men 
against whom he was arrayed from 18G7 to 1878, always regarded 
them as if they were brethren in arms opposed to him, and his 
conciliatory spirit, his desire to reconcile the people of Cuba to 
further submission to the Spanish monarchy, is everywhere com- 
plimented and referred to with applause as being the cause of tho 
composure which took place at the end of that civil war. When 
Martinez Campos was recently removed from his command of the 
army of Sx^ain that occupied the Island of Cuba, apprehensions 
were entertained and expressions on all sides were heard that no 
one could succeed him who coiiid conduct that war in such a vv^ay 
as to heal up the wounds between the Cubans and the Spanish 
people, nearly all of vv'hom are descended from the same stock, 
and when he was recalled to Spain after the failure of his cam- 
paign there, and after the resources of Spain had been almost ex- 
hausted, there vvas one general expression of regret by the people 
of the civilized world that so great and so noble a character had 
been withdrawn from the arena of war and had been retired into 
private life. 

I do not hesitate, Mr. President, on my part, to express my regret 
at that occurrence, because v/hile Campos v/as in the field I still 
had a hope that the Government of Spain would see that in order 
to keep her hold upon the afections of the people of Cuba and to 
command their honest allegiance she v/ould be compelled to accord 
to them a form of government corresponding to that which is ex- 
ercised in Canada as a province of the Crown of Great Britain; 
but the Spanish Government seems to be infatuates, ynth the idea 
that absolute submission mu^ take place in that island to every 
demand v/hich is urged against those people, and VN^hen anything 
that is demanded is refused, 'extermination is to be the result. 

When General Weyler was sent there as Captain-General he 
assumed to himself the double function of a supreme-court judge 
and Captain-General, and announced in the proclamation (which 
I will print in my remarks) that he assumed at one and the same 
time the functions of generalissimo and commander-in-chief of 
the army and the office of supreme judge of that country. There- 
upon he issued a manifesto consisting of three proclo.mations, 
which I will place in the Recokd, which show, without any pos- 
sibility of misunderstanding, his determination to sacrifice private 
life and all the liberties of the people whenever he chose to do so 
for the puri^ose of extending, consolidating, and enforcing his de- 
crees and his pov/er. By that judgment he placed every inhabit- 
ant of Cuba, without reference to nationality, in a position of 
absolute subjection to his individiial and unrestrained will. Then 
he goes into various details which affect the people of Cuba, the 
people who live out in the forests and in the country, to si^ch an 
extent that life itself would be an intolerable burden when it has 
to be lived under such circumstances. These are the papers which 
I desire to put in the Record. (See Appendix B.) 

A gentleman has sent me this morning a nev/spaper printed in 
the city of Washington, The Evening Times, a very respectable 
paper, containing in its telegi-aphic columns a statement from Dr. 
Guiteras, in which he makes reply to a recent statement made by 



72' 

General Weyler in the matter of Ms esectition of tliis decree. It 
seeras tliat General "Weyler had denied that since he had heen in. 
conmiana of the island a single execution had been made. Dr. 
Guiteras scarcely credited the reports of these executions which 
came from the island, lont yesterday a hatch of letters in cipher was 
received by Mnij and after translating them he said: 

I have been loath to believe the reports of tlie killing of prisoners in tae 
field and in tlte prisons since the arrival of Governor Weyler. These reports 
have been specially denied by G-eneral Weyler himself. I have received to- 
day letters from Habana that confirm the report. I am now firmly convinced 
that prisoners are qnietly disposed of by som.a oflicer in the field, and that 
some prisoners have been brought to the forts in iJabana and Matanzas who 
have s-nbsectuently disappeared without their friends knowing- what has be- 
come of them. 

I have in one of these letters the names of three prisoners, but can not give 
them, at this time, as it would, disclose the sonree of my information. I would 
add that this question has been referred to me especially by friends in Cuba 
with an appeal that I should exert whatever influence I may have to bring 
about a termination of this frightful state of affairs. I can do nothing better 
than appeal to the American press. The section in a letter from Habana 
which treats of the matter is as follows: 

"'■ it happens every day that prisoners are brought to this city. Some are 
sent to jail, and others to the fortifications. These last, if they belong to tha 
lower classes, are made to disappear. A reason assigned is that there is not 
money enough to kee-p them. That is, you will understand, frightful. I am 
absolutely sure of what I am telling you, and you must make an effort to put 
a stop to it by appealing to the press of America. 

"I have heard of similar stories for some time, but I could fi.nd no respon- 
sible person to repeat them to me, and I thought them too horrible to belfeve, 
though I know the man we are dealing with, but no doubt is left in my mind. 
It is known that the procedure is common in the field, but is not so frequently 
employed in the city." 

I have an apprehension, which I can not repress, that if Gen- 
eral Weyler remains in the command of the army of Spain in 
Cnba, there will be destmction of life at his will and pleasure, 
perhaps in such a manner as not to be disclosed to the vforld for 
two or three or four years to come; btit it seems that it is already 
apparent, in the case of three prisoners, that they have been hilled 
after being captured. 

I do not care, Mr. President, to enter more fully ini,o a recital 
of these horrible incidents, because this is not in the slightest de- 
gree necessary to justify the position of the Government of the 
IJnited States that war exists In Cuba, open, public civil war, and 
that it is to the interest and welfare of our own people, regardless 
of our sympathies for the Cubans, regardless of the eif ect it may 
have upon the Spaniards or the Cubans, that we should give a 
recognition, justified by the fact of the belligerency of those two 
powers in Cuba, and that is as far as we need to go. 

Something has been said in this debate on the subject of the 
proper method of making this declaration. The resolution before 
the Senate declares that, in the opinion of Congress, a state of 
public war exists in Cuba, and that it is the duty of the LTnited 
States to recognize the belligerency of the hostile parties. 

What is the effect of such a declaration of opinion on the part 
of the CongTess of the United States? If the effect should bo to 
cause some contrary attitude to be imputed, as existing between 
the President and the two Houses of Congi-ess, it would be indeed 
very unfortunate. If Congress should pass a resolution of this 
kind and the President of the United States, conceiving that our 
action was only advisory and was not mandatory, should with- 
hold the declaration or should not predicate any Exeeutive^act 
upon it, it would leave the Government of the United States in a 



7a 

position to be severely criticised by our people and by the otiier 
powers of the world. 

I do not anticipate any such difficulty between the President 
and Congress. I have no right to do so, from the message which 
the President sent us at the beginning of this session of Congress, 
for he recognised the fact of the existence of open and bloody war 
in Cuba; and I must suppose — I do suppose, and I believe also — that 
when the President of the United States becomes satisfied that it 
is to the best interests of the people of the United States that 
there should be a recognition of that belligerency he will concur 
in the opinion that is expressed in this resolution, and will exert 
whatever of authority he has as the Chief Executive of this nation 
to sanction and enforce that resolution. But if lie should decline 
to do so, then the attitude of Congress would be such that we 
should be regarded as intermeddling with matters with which we 
have no constitutional concern, and we should be amenable to 
such a criticism in the event that I have supposed, because the 
President of the United States can not refuse to respect the will 
of Congress when it is expressed in a constitutional method upon 
any subject. 

If it is a matter of legislation to v/hich his veto power applies, 
and if he shall exercise his veto, he is bound to respect the act; he 
is bound to consider the measure: he is bound either to return it 
to the House in which it originated, or else he may let it pass over 
for ten days, in which case it becomes a law and an effectual 
expression of the legislative will. But to put ourselves in an atti- 
tude in reference to a great question of this Mnd, where the Presi- 
dent is at liberty to act or not to act, as he sees ]3roper, and where 
it is to be imputed to his action that it is to give validity and effect 
to what we do or to the opinion which, we express here, it becomes 
a yery serious matter whether we should pass this, resolution in 
the form in which it is now presented. 

The question of the power of the President of the United States 
in respect of the declaration of belligerency betv/een two foreign 
powers has never undergone conclusive judicial investigation , nor 
has the Congress of the United States ever given to this subject a 
decided exjoression of their opinion upon it. It may therefore be 
styled a new question. In the consideration of this question the 
Constitution of the United States alone can rule. Tliere is no 
other law to which we can appeal to arrive_at a decision as be- 
tween the Executive and the Congress of the United States upon 
this matter. 

Suppose, for instance, that some one should propose to amend 
this resolution and strike out the words " in the opinion of Con- 
gTess," and leave it as a clear, emphatic, unecxui vocal declaration 
on the part of the two Houses that a public war exists in Cuba 
and that the Government of the United States recognizes the bel- 
ligerency of those parties in order that the Government and the 
people may be put in an attitude where the duties of neutrality 
would attach to its under the international law, then we should 
have a declaration here which would assume upon the face of it 
that this concurrent action on the part of the two Houses of Con- 
gress would of itself be a recognition of the existence of the pub- 
lic war, the belligerency of the two^ parties, and our consequent 
international neutrality. 

Mr. FRYE. Will the Senator aHow me? 

The PEESIDING OFFICER (Mr. White in the chair). Does 
the Senator from Alabama yield to the Senator from Maine? 



74 

Mr. MORGAN. Certainly. 

Mr. FRYE. Sirppose some one, in acldition to the amendment 
of striking out tiie words "in the opinion," should add "and Con- 
gress hereby recognizes the belligerent rights," etc., what does the 
Senator have to say as to that? 

Mr. MOS-GAK. That would only make the resolution a little 
more impressive or a little more emphatic in the definition of the 
attitude of Congress, because if v/e should strike out the words 
"in the opinion of Congress," that would then leave this as the 
declaration on the part of the two Houses of Congress that a 
XDublic war does exist in Cuba and that we recognize neutrality. 

Mr. FEYE. But suppose the words " it is the duty " were left 
out of the resolution, what then? 

Mr. MORGAN. Perhaps those words ought to be left out to 
make the declaration as emxDhatic as the Senator from Maine now 
suggests. 

Mr. PEFFER. While the Senator is on that point, will it not 
also involve conciirrent action on the part of the Executive? Be- 
cause, as the Senator very properly stated the other day, this 
qu.estion involves the right of seizure and involves certain Execu- 
tive acts that might amount to v/atching and guarding and some- 
times affirmative action on the part of the Executive. V/ould not 
such a declaration as the Senator from Maine suggests to that ex- 
tent also involve the Executive; and if so, suppose the Executive 
should differ with Congress? 

Mr. MORGAN. Mr. President, the committee of course have 
endeavored to avoid raising a question of this kind. They have 
not anticipated that any action of the Executive would make it 
necessary that they should raise it, or that the question would 
arise, or that it should be settled by any vote to be taken here. I 
will repeat that I do not anticipate that a question of that kind 
will occur; yet it might; and in shaping our resolution here we 
mu.st be careful that we keep ourselves within theliiae of our con- 
stitutional powers and duties, and also careful that we do not sur- 
render to any other department of this Government a portion of 
the power that the Constitution lodges in Congress. 

Mr. FRY^E. That is just what I should like to hear the Senator 
upon, whether or not, 'in his judgment, the Congress itself has 
the power to recognize belligerent rights without any interven- 
tion of the President of the United States. 

Mr. MORGAN. Mr. President, in section 8 of Article I of the 
Constitution there is an enumeration of the powers of Congress. 
Several powers are mentioned, such as to coin money, etc., estab- 
lish post-ofQces, promote the progress of science, to define and 
Tiunish piracies and felonies committed on the high seas, to declare 
war, grant letters of marque and reprisal, and make rules con- 
cerning captures on land and water. 

This power to declare war is associated with all those other pow- 
ers in the same section, which affect and relate only to the civil 
administration of the G-overnment, to the Govei'nment in a state 
and condition of peace, and for that reason some very able gentle- 
men have concluded that, being thus associated with this general 
delegation of powers to Congress, it miist take its class v/ith them, 
and be subject to all of the incidents that belong to the exercise 
of these general powers in other cases. 

I am not prepared to subscribe to that construction of this in- 
strument. I believe that the power to declare v/ar and grant let- 
ters of marque and reprisal, and more especially the power to 
2777 



75 

declare war, is a povver which, from the very nattire of it, when 
taken in conneetion with the other provisions of the Constit rrtion 
relating to Vv'^ar and the conduct of war, stands, by itself, and it 
nrast be exercised by Congress without the aid, or assistance, or 
participation of the Esecntive. It is the natui-e of the power to 
be thus exercised that I rely upon as separating it in its incidents 
and consequences from the other general povfers which Congress 
has conferred upon it under the eighth section of the first article 
of the Constitution, from whicli I have just been reading. The 
power to declare war is not a legislative power. 

The framers of the Constitution understood perhaps ss well as 
or better than any of us to-day — ^because they were in the midst 
of war and the Government Vfhich they were founding had just 
passed through a great struggle with the greatest m:onarchy then 
in the world— they understood particularly well what were and 
should be the functions of the Executive of the United States and 
the powers of Congress in respect of the declaration of war and 
the conduct of vv'ar, and in respect of making provision for the 
support of armies and navies, so as to leave it entirely in the hands 
of the popular branch of Congress to make appropriations for 
these purposes, or to originate appropriations for these jjurposes, 
putting a limit upon the power of the House in making the appro- 
priations that tliey should be renewed once every two years; thus 
showing that, in the consideration of the war powers of the Gov- 
ernment of the United States, they dissociated these powers from 
the general mass of powers that are conferred upon the Congress 
of the United States and placed them in a peculiar light; and it 
is in that lig'ht and in consideration of the purposes that the 
fi'amers of the Constittition must have had in mind when they or- 
ganized this splendid system of goverriment that we are to- inter- 
pret their intentions. 

Yfe must consider this question now, and we must not forget 
the impressions that evidently were foremost in their minds at that 
time, and by neglect allow the powers of the Congress of the 
United States to pass into the hands of one of the coordinate de- 
partments, in whole or in part, in the extreme case, the terrible 
case, when this country shall be involved in war. 

The war power is to be sacredly guarded, and the people who 
are held obedient to it and must fight its battles and suffer its dev- 
astations should have the exclusive right to declare the existence 
of a state of v/ar. 

The state of war as it affects the citizen, the loroperty of the 
citizen, his relations to foreign countries, the treaties between 
this Government and the government Vv'ith which we are at war, 
m.ight be called a total change, a total departure, from the state of 
the country when it is at peace. When the country is at peace 
the citizen is not required, on any occasion, to give up any of his 
constitutional rights or protection and of resort to the ordinary 
tribunals of law for the redress of his wrongs or the enforcement 
of his rights. 

When a state of war supervenes, however, his person, his prop- 
erty, and all that belongs to him are subjected by the laws of na- 
tions and the Constitution of the United States to the behests of 
the Government to a,nswer its purposes, even though in doing so 
he may surrender his life and all that he has. His duty of sub- 
mission to the military iDower of the United States, lawfully exer- 
cised in time of war, may be called almost absolute, whereas in 
time of peace all the guaranties of the Constitution of the United 

2m 



76 

States cluster aboiTt Mm to save him against any arbitrary power 
or tlie command of any individual tliat he shall do this or that or 
that he omit to do this or that. The condition of war changes 
almost absolutely and almost completely all the relations of this 
Government to its own people and to the country with which we 
are engaged in belligerency, and also, in a collateral way, with the 
people of the whole world. 

So those provisions of the Constitution of the United States that 
were made for a state of war and adapted to a state of war must 
be attended with those conditions v/hich make it possible that the 
Government of the United States shall act as a unit, and shall 
make it impossible that there should be any division of authority 
between the esecutive and the legislative branches of the Gov- 
ernment in the recognition which is the declaration of the exist- 
ence of a state of war. 

If there is anything more necessary to the successful condiict of 
a v/ar than all else, it is the fact that the power of the govern- 
ment that is engaged in a war is lodged at least in the hands of a 
single man, or a single tribunal, No possibility of a division of 
interest, a division of sentiment, a division of will between the 
high functionaries of a government can be admitted if the gov- 
ernment that is bound to make this admission is engaged in a war 
with a foreign country, or even with its own people in insurrec- 
tion. There must be unity, absolute and perfect unity, in the 
power that conducts a war, and any division of it that is possible 
is to that extent a fatal defect in the government itself, 

E"ow, I will suppose a case. Suppose that a declaration of war 
by the United States Government is made under a Joint resolution, 
which would go to the President of the United States, and that 
he, for reasons of public policy or reasons of private interest or 
affection, should veto the resolution, what Vv^ould be the situation 
of this country under those circumstances? The Government 
v/ould perish in the effort to defend its rights or vindicate its 
honor; perish tipon a_ division of opinion between the Congress of 
the United States and the President of the United States. So in 
regard to making peace; so in regard to every otlier incident at- 
tending the conduct of war, such as the issue of letters of marque 
and reprisal, etc. 

Mr. i'BYE. Hov7 about raising supplies? Suppose the Presi- 
dent should veto a resolution raising supplies? 

Mr. MORGAN. He could veto a, resolution to raise supplies. 
I think there is no doubt about that. 

Mr. FRYE. And he could defeat 

Mr. MORGAN. But that is not the actual conduct of war. It 
is a provision for the conduct of war, and he might constrain us 
to agree to a peace after we had been at war, or perhaps he might 
prevent us from getting into a war by the veto of a resolution or 
bill to raise supplies for the purpose of carrying on the war. But 
I am not now speaking of that legislative power which might 
attend the conduct of a war or provision for its support. I am 
speaking nov.'' of those matters Vt^hich concern the inauguration of 
war and which relate to the power of the President and the Con- 
gress to change the attitude of the Government of the United 
States and the duties of all the people in it from a state of peace 
to a state of v^ar. These acts are entirely distinguishable. 

Perhaps no argument could be made upon this point which 
would be entirely consistent with itself in any direction in vv^hich 
you might choose to trace it, unless, indeed, we should admit that 
2777 



77 

the President of tlie United States, wtten Congress passes a decla- 
ration by a joint resolntion, I will say, in proper form, to the ef- 
fect that the United States is at vv^ar with some foreign power, has 
the right to bring his veto to bear upon it and to deny the fact. 
While there are no actual decisions conclusive of the point I am 
now debating, there are varions utterances and some official acts 
on the part of the early Presidents of the United States to which 
I desire to call attention, and also on the part of some of our wisest 
constitutional lawyers. I will read several extracts from the opin- 
ions of those lawyers and those Presidents which I think support 
very clearly the pror)osition that Congress, and Congress alone, 
has the power to declare war. 

But before reading them, Mr, President, I should like to say (and 
I will cite the authorities in support of that proposition when i 
come to them) that the power of Congress, as it is espressed in 
the Constitution, is not to wage war, not to create war; it is the 
right to recognize its existence. The existence of war in the 
United States, between this and a foreign country, or the existence 
of a war in some foreign country, is simply a fact, and v/lien a 
recognition is made by the Congress of the United States or by 
the lawful authority of tliis country of the existence of war, it 
amounts to a declaration of v>rar, A declaration of war is not a 
pronunciamento against some other nation as to which Congress 
demands tliat war shall be waged, but it is a declaration that a 
state of war actually exists at the time when the declaration is 
pronounced. This is not a legislative act, 

Mr, PRYE. Actually exists anywhere, 

Mr, MOB, G- AIT, That a state of war actually exists any v/here 
at the time the declaration is made; and the declaration is nothing 
more than a recognition of the fact, a statement of the fact that 
a state of war actually exists. It places that declaration in legal 
form. It is not a legislative act; it may be a political act. 

Mr, PIOAE,, Mr. President 

The PRESIDING OFFICER. Does the Senator from Alabama 
yield to the Senator from Massachusetts'? 

Mr, LIORGAN. Certainly. 

Mr. HOAR. I should like to get instruction from the Senator 
from Alabama, who is so competent to give it on this question, 
by asking Mm a question and perhaps putting an illustration. 

In regard to our relations vvnth France shortly after the close of 
the Revolutionary war, some very principal authorities, including, 
I believe, my honorable friend from Ohio, maintained as a reason 
for not paying the French war claims that that was a war, not an 
act of international oppression of individuals. Suppose a citizen 
were proceeded against for corresponding with the enemy, giving 
aid and comfort to France at that time, on the ground that she 
was an enemy of the United States. Does the Senator claim that 
a resolution like this, passing both Houses of Congress, the Presi- 
dent withholding his signature, would be accepted in court as 
having any validity or virtue whatever in regard to settling that 
question? 

Mr. MORGAIT. The illustration used by the Senator from 
Massachusetts furnishes me an opportunity to make what I con- 
ceive to be a just distinction between the duty and obligations of 
citizenship and the duties and rights of Congress in dealing with 
a question of this kind. A citizen must submit himself to the 
laws of his country as they are declared by the highest legislative 
authority, and until thelav/s of his country are changed or altered 
2777 



78 

tliey impose upon him as a citizen the duties that belong to him 
in time of war, and he can neither appeal from that declaration 
as to those duties or those rights nor' can he avoid them when 
the Government of the United States has placed him in that situa- 
tion by declaring that his country is engaged in vs^ar. 

When I said a moment ago that the existence of war is a fact, 
I meant to say that the existence of hostilities which have pro- 
gressed to that degree where a private person coming in contact 
with the armies engaged in those hostilities v\^ould have the right 
to decide that a war existed would be what is called a state of 
war, although it is not the state of war that is made obligatory 
upon the citizenship of a country. It is a state of hostilities that 
has become so general and the parties to which have become so 
organised that^Lhe citizen himself when brought in contact v\^itli 
the question could decide for himself that it is an open and public 
war. But his decision bears upon no person except himself. 

K"ow, it requires the act of a government to put the people at 
large, the nationality, into a condition of recognizing the exist- 
ence of war. 

J'.Ir. HOAR. Including the President? 

Mr. MORGAN. Including the President. 

Mr. HOAR-, i do not like to interfere v/ith the Senator from 
Alabama, but perhaps he will not mind my asking him another 
question, I thou2;ht his argument was that the phrase in the 
Constitution "to declare v\^ar," where the power is given to Con- 
gress to declare war, has a different meaning, a different scope 
and effect, from the other similar enum.erations of the powers 
given to Congress, to establish a uniform system of bankruptcy, 
for instance; that in that particular instance Congress is referred 
to as the two Houses, v/ithout the consent of the President. That 
is the reason why I put the Question. 

Mr. MORGAN. That is the position I take, and I believe it is 
the correct one. 

Mr^ HOAR. Then, if it be true that under the Constitution the 
two Houses of Congress, v/ithout the consent of the President, 
have the power to declare vv^ar, does it not foUovf that, the tv\''o 
Houses of Congress, without the President, having declared war, 
a citizen of this country is bound so to treat the citizens of the 
country which is declared to be an enemy, and is liable to the 
charge of treason for giving them aid and comfort? 

Mr. MORGAN. V/henever a declaration of v/ar is made by any 
competent authority of the United States, without now touching 
upon the question as to what is the competent authority, a citizen 
of the United States is put in the attitude of a citizen of a country 
which is at war, and he must obey and respect it, because that 
declaration defines who is the public enemy, and the citizen is 
bound to give respect to the declaration. 

On December 6, 1805, Mr. Jefferson, discussing Spanish depre- 
dations on our territory, said: 

Considering' that Congress alone is constitutionally invested with the power 
of changing our conditions from peace to war, I have thought it my duty to 
await their authority for using force in any degree that could be avoided. 
I have barely instructed the officers stationed in the neighborhood of the 
aggressions to protect our citizens from violence, to patrol within the borders 
actually delivered to us, and not to go out of them but when necessary to 
repel an inroad or to rescue a citizen or his property. 

This act of Mr. Jefferson in refusing to recognize the existence 
of war, as a legal status, until Congress had made the declaration 
2777 



79 

is very inipreosive. It proves Mg regard for tlie limitations of the 
powers of the coordinate departments of onr Govermnent. 

Mr. Webster, as Secretary of State, writing to Mr. Severance on 
the 14th of July, 1S51, states: 

In the first place, I have to say tliat tlie war-maVing power in this Goveru- 
ment rests entirely with Congress; and that the President can authorize 
belligerent operations only in the cases expressly provided for by the Consti- 
tution and the laws. By these no power is given to the Executive to oppose 
an attack by one independent nation on the possessions of another. We are 
bound to regard both Franca and Hawaii — 

There was a controversy between France and Hawaii — 

as independent States, and equally independent, and though the general pol- 
icy of the Government might lead it to take part with either in a controversy 
with the other, still, if this interference be an act of hostile force, it is not 
within the constitutional power of the President; and still less is ifc within 
the power of any subordinate agent of G-overnment,. civil or military. 

Those words are very closely measured by that great statesman 
and jurist, and they state an opinion to which i am bound to yield 
my acquiescence. 

Mr. Cass, following, in 1857, on the subject of the power of Con- 
gress, said: 

This proposition, looking to a participation by the United States in the ex- 
isthig hostilities against China, makes it proper to remind your lordship that, 
under the Constitution of the CTnited States, the executive branch of this Gov- 
ernment is not the war-making power. The exercise of that great attribute 
of sovereignty is vested in Congress, and the President has. no authority to 
order aggressive hostilities to be undertaken. 

Our naval officers have the right— it is their dut:^, indeed — to employ the 
forces under theii' command not only in. self-defense but for the protection 
of the persons and property of our citizens when exposed to acts of lawless 
outrage, and this they have done both in China and elsewhere, and will do 
again when necessary. But military expeditions into the Chinese territory 
can not be undertaken without the authority of the National Legislature. 

In the third annual message of President Buchanan, in 1859, 
when he was contemplating, doubtless, that war that might take 
place in the United States and a v\rar that wtis then flagrant in 
Nicaragua, he said: 

I deem it my duty once 'm.or6 earnestly to re<;oinmend to Congress- the pas- 
sage of a law authorizing the President to employ the naval force at his com- 
mand for the purpose of protecting the lives and property of American citi- 
zens passing in transit across the Pa,nama, ISTicaragua, and Tehuantepeo 
routes against sudden and lawless outbreaks and depredations. I shall not 
repeat the arguments employed in former messages in support of this meas- 
ure. Suftice it to say that the lives of many of our people, and tli& security 
of vast amounts of treasure passing and repassing over one or more of these 
routes between the Atlantic and Pacific, may be deeply involved in the action 
of Congress on this subject. 

I would also again recommend to Congress that authorit^^be given to the 
President to employ the naval force to protect American merchant vessels, 
their crews and cargoes, against violent and lawless seizure and confiscation 
in the ports of IVIexico and the Spanish American States, when these countries 
may be in a disturbed and revolutionary condition. The mere knowledge 
that such an authoritj^ had been conferred, as I have already stated, would 
of itself, in a great degree, prevent the evil. Neither would this reciuire any 
additional appropriation for the naval service. 

The chief objection urged against the grant of this authority is that Con- 
gress, by conferring it, would violate the Constitution — that it would be a 
transfer of the war-making or, strictly speaking, the war-declaring power to 
the Executive. If this were well founded, it would, of course, be conclusive. 
A very brief examination, however, will place this objection at rest. 

Congress possess the sole and exclusive power under the Constitution "to 
declare war." They alone can " raise and support armies " and " provide and 
maintain a navy." But after Congress shall have declared war and provided 
the force necessary to carry it on, the President, as Commander-in-Chief of 
the Army and Navy, can alone employ this force in making war against tha 
enemy. This is the plain language, and history proves that it was the well- 
known intention of the f ramers of the Constitution. 
2777 



80 

Kow I will read an extract from tlie opinion of Judge G-rier in 
tlie prise cases, 3 Black, wliere the cotir fc found it necessary to make 
an emphatic declaration on this subject in order to sustain its ju- 
risdiction of a cause that arose during the Confederate war: 

By the Constitution Congress alone has the power to declare a national or 
foreign war. It can not declare war against a State, or any number of States, 
by virtue of any clause in tlie Constitution. The Constitution confers on the 
President the whole executive power. He is bound to take care that the 
laws be faithfully executed. He is Commander-in-Chief of the Army and 
Navy of the United States and of the militia of the several States when 
called into the actual service of the United States. He has uo'power to ini- 
tiate or declare a war either against a foreign nation or a domestic State, 
but by the acts of Congress of February 88, 1795, and March 3, 1807, he is 
authorized to call out the militia and use the military and naval forces of the 
United States in case of invasion by foreign nations, and to suppress insurrec- 
tions against the government of a State or of the United States. 

It will he observed here that the court makes a distinction be- 
tv/een the povfer of the President of the United States to declare 
war, to recognize the existence of a state of war and to make it 
obligatory upon the Government by his declaration, and his power 
under a statute of the United States, without declaring the exist- 
ence of a state of war, to do certain things— that is to say, to resist 
enemies who may be invading the country and to suppress insur- 
rection or rebellion in the States. There the court makes the 
manifest ■distinction which established the proposition by our 
highest judicial tribunal that whenever it becomes necessary that 
the attitude of the Government of the United States should be 
changed from peace to war, either wholly or in part, that action 
by the Constitution is intrusted entirely to Congress and that the 
President can not assume it to himself. 

Mr. GEAY. From what has the Senator been reading? 

Mr. MORGAN, From Judge Grier"s opinion in the prize cases. 

Mr. GRAY. I have read the cases which the Senator has in his 
hand, and I read the opinion differently, if the Senator draws the 
concltision from those cases or from the opinion of the' court that 
Congress vathout the consent of the President can declare war. 
All that Judge Grier says in that opinion, as I understand, is 
T\rhat the Constitution says, that it belongs to Congress and not to 
the Executive to declare war; but when it belongs to Congress it 
belongs as one of the enumerated powers which he must exert in 
the way prescribed by the Constitution. 

- Mr. MORGAN". It goes to the extent of denying to the Presi- 
dent the power even to conduct war except in cases vdiere he is 
empowered to do so by statute. It does not go to the extent of 
saying that Congress, in making a declaration of war, can act 
independently of the President. That -pomt was not up. But I 
think it necessarily follows from the decision in this case that if 
the President can nofcdeclare war he has nothing to do Avith a 
declaration of war. if Congress must act, and the President 
must act conjointly with Congress in a declaration of war, then 
of course war can not exist until both departments of the Gov- 
ernment have determined it— I mean legally exist, for it may 
exist in hostilities, but not in the form of war legally declared. 

But here we find that the President of the United States, by the 
decision of the Siipreme Court, is excluded from the power on his 
part of making this declaration. Then the ciuestion remains, and 
it is the only question, whether or not the Congress of the United 
States can make a declaration of war witiiout the concurrence 
and consent of the President. That brings the question down to 
a single point upon this adjudication, as I understand it. I will 
2777 



81 

read tlie balance of what is furnished here as the argument upon 
Vfhicli the Supreme Court sustained that proi3osition: 

If a V 
aiithori 

biitisb . „ „ ., -, ^ 

tive authority; and wliethei" the hostile party be a foreign invader or States 
organized in rebellion it is none the less a war, although the declaration of it 
be "unilateral." Lord StoAvell (1 Dodson, 347) observes: "It is not the less a 
war on that account, for war may exist without a declaration on either side." 
It is so laid down by the best writers on the law of natioais. A declaration of 
war by one country only is not a mere challenge to be accepted or refused at 
pleasure by the other. 

" The battles of Palo Alto and Kesaca de la Palma had been fought before 
the passage of the act of Congress of May 13, 1846, which recognized ' a state 
of war as existing by the act of the Republic of Mexico.' This act not only 
provided for the future prosecution of the war, but was itself a vindication 
and ratification of the act of the President in accepting the challenge with- 
out a previous formal declaration of war by Congress." 

So we went on and provided by statute various cases in which 
the President might command tlie Army and the Navy for the 
suppression of insurrection and rebellion, and also in the case of 
a foreign invasion that might be made against this country. 

But we now have the question do-wn to a single inquiry — admit- 
ting that that question' is authority to rule our action in any 
sense— and that is, Must the President act conjointly with Con- 
gress in a declaration of war in recognizing the fact — in other 
words, that a state of y/ar exists — and making that state of war 
and the attitude of war obligatory upon the people of the Govern- 
ment of the United States? 

Now, 1 believe that the power to declare war and the power to 
conduct all matters in connection with its immediate prosecution 
was separated from the other powers in the Constitution of the 
United States, and, as stated by Mr. Webster, placed solely within 
the control of the two Houses of Congress, either acting in con- 
cert or acting contemporaneously without actual concurrence. 

The strongest argument that suggests itself to my mind is the 
fact that the President of the United States, by the Constitution, 
lias two distinct functions. One is political and the other is mili- 
tary , exclusively so. Wherever the President of the United States 
lias to exercise his political functions, those that belong to legis- 
lation or to appointments to oince, or in the special case of the 
negotiation of treaties and the exchange of ratifications, he either 
acts upon the peculiar powers a.nd in the peculiar v/ay assigned 
to him by the Constitution of the United States or else he acts by 
a general participation, in the legislative sense, v/ith the two 
Houses of Congress. 

The veto, backed by the sv/ord, is not given to the President in 
our Constitution. 

The President in negotiating a treaty is a diplomat, and yet he 
is the Chief Executive; he is the rej)resentative of this Q-overnment 
in its sovereignty so far as it touches the relations between this 
Government and foreign countries. When he performs this act 
of diplomacy and brings a treaty into shape, the two governments 
have got into agreement about it through thexjowers d^elegatedto 
another body, distinct and separate from all other bodies in the 
United States, which rises up under the Constitution for the pur- 
pose of determining upon the validity of that treaty. That body 
is required to act almost as a unit. It requires two-thirds of the 
vote of the Senate of tlie United States to confirm a treatj^ 

Mr. DAViS. Two-thirds of a quorum. 



82 

Mr. MORGAlSr. It requires two-tliirds of the Senators formmg 
a qi;orum of the Senate of the United States to confirm a treaty. 
That is not a legislative act, and yet it is legislatiye in its results, 
because the treaty v,dien thus confirmed and when ratifications 
have been exchanged becomes, by the espress declaration of the 
Constitution, a part of the supreme law of the land. So, in our 
constitutional system of government, various functions are given 
to different persons v/ho discharge at the same time other func- 
tions which are just as separate as if they were exercised by two 
different persons. If wo had had, like the Indians have, a war 
king and a civil ldng_, questions of war would have been referred 
entirely to the war king and questions of legislation and national 
polity entirely to the civil ruler; as they had at one time in Japan 
when [the Shogun was the "absolute imperial ruler of the army 
and navy of Japan and the Mikado was the spiritual and political 
ruler of tke same Empire. 

But we made no such division of power into the hands of two 
men. We divide and separate the power in the hands of one man. 
We give the military power to the President of the United States 
to a certain extent, and to the extent that it was not given to him 
it remains in Congress. To what extent was it given to him? He 
is the Commander-in-Chief of the Army and I>Javy. He is a mili- 
tary officer by the Constitution, holding his commission under 
that instrument. He is the highest military officer in the United 
States, and every other military officer in the United States is subor- 
dinate to his command. But in that function he is just as separate 
from his other capacity to participate in the legislation of the 
country as he is when he negotiates a treaty. The functions are 
quite as different and quite as separate. 

Now, I maintain that there was a reason for this, and it was to 
prevent the possibility of any conflict between the supreme de- 
partments of this Government in that most serious matter of 
declaring the existence of war. If there is any chance for lis by 
a proper construction of this instrument to have the war-making 
power or the war-declaring i)ower in the hands of a single de- 
partment of the Government instead of having it oscillating be- 
tween two, then it is due to the strength and future safety and 
power of our Government that v/e should so declare, and we 
should say that the Congress of the United States is empowered 
to declare war and the President is forbidden to participate in 
that declaration , because the war affects him in his office as Gen- 
eral-in-Chief of the Army; that he must take his orders from the 
Congress of the United States, and must be thereby compelled to 
recognize that the occasion has arisen in which the functions of 
his military office come into full play, and he must exercise them. 

There is no difficulty in this attitude, because we are not taking 
from the President anything that is useful in connection with his 
administration of the affairs of this Governnaent, but if we con- 
cede to him the power to declare war, or by the application of his 
veto to defeat war, when he holds the commission of Commander-in- 
Chief of the Army of the United States, we acknowledge the prin- 
ciple that the military is superior to the civil power; that is all of 
it. Right there more than anywhere else in our constitutional 
system that maxim obtains, which is as strong as any feature of 
the v/ritten Constitution in this country, that the civil power is 
superior to the military. 

The President of the United States ought not to be permitted, 
and I am glad to believe that by the Constitution of the United 

2777 



states he is not permitted, in the exercise of his military poTrers, 
to place himself as Commander-in-Chief of the Army and Navy 
above the civil pov\'er of this country. Being such Commander- 
in-Chief and having his commission from the Constitution, vrhich 
therefore is irrevocable on the part of Congress, vrhen the Con- 
gress of the United States chooses to declare that the attitude of 
the Government of the United States toward any foreign country 
is not war but peace, or is not peace but war, the President of the 
United States ought not to have the power, in connection with 
this supreme military command, of saying whether or not the 
condition has arisen. As Commander-in-Chief, he must obey the 
civil power, under which he is bound to take the field under the 
command of Congress and lead its armies. The disassociation of 
the veto piower, if that is what it means, from the control of the 
President of the United States in reference to war, is to take from 
him the power, after we have put the sword into his hands, to re- 
fuse to exert its authority over belligerent nations that are at war 
with the United States. 

If we are to make an error in this respect, let us make it on the 
side of maintaining the supremacj^ of the civil power of this Gov- 
ernment over the militarj' power of the President. I admit that 
this argument would not hold good if the President was not the 
Commander-in-Chief of the i^rmy and iNavy, but being such, and 
his commission being irrevocable. Congress not having the power 
to put him out of ofiice even if he were to sign any joint resolu- 
tion to that effect, being beyond the reach of any power in this 
world except his ov,m resignation, and he being the suxDreme head 
of the Army of the United States to whom all others are subordi- 
nates, let us not make the error of enabling him to use the veto 
power, v.'hich he can use upon any bill that we pass here of a leg- 
islative or political sort, to defeat the will_ of the people of the 
United States unless two-thirds of each House shall concur in 
passing the bill over his veto. 

The time may never arise when this will become a grave and 
serious c[uestion, but I venture that if Napoleon Bonaparte had 
found such a power as that in the French constitution, construed 
as it seems we are likely to construe it, he v.^ould not have failed 
to have seized upon it to carry out his great ambitions, against 
which 1 have never made a complaint; they have my full admira- 
tion. 

Mr. GSAY. Will the Senator from Alabama permit me? 

Mr. MORGAN. Certainly. 

Mr. GRAY. Novv , do the arguments that support the exclusive 
power of Congress to declare war independently of the President 
not apply also to the other power contained in the Constitution 
giving Congress the power to raise and support armies? 

Mr. MORGAN. Even that pov/er is very limited, showing that 
the framers of the Constitution, when they vrere considering the 
war powers of this G overnment, were very guarded. Bills of that 
kind to raise and support armies must originate in the House of 
Representatives, as I understand, That has always been conceded; 
but there is another restriction (and, as Imentioneda moment ago, 
that is very important) to show that the framers of the Constitu- 
tion were putting restraints upon the hands even of the legislative 
power, by requiring that appropriations for the Army should bo 
renewed once every two years. In every direction that we regard 
this question we find that the framers of that Constitution were 
extremely cautious in hedging about the war-making and war- 
S777 



84 

declaring and •vyar-eseciiting power, so tliat wlien it fell into tlie 
hands, perhaps, of some ambitions man who wanted to perpetuate 
Ills rule he would find himself confronted with a power in the 
Constitution of our country which would defeat his ambitious 
schemes. 

Following that train of thought, which evidently possessed the 
minds of the framers of this instrument, it seems to me that in 
making a declaration, if we are going to m.ake a declaration, if we 
are forced at any time to make a declaration tiT)on this subject, it 
ought to be in favor of the povfer of Congress as it is declared in 
the Constitution and is supported by the great men from whose 
writings I have had the honor to quote. 

This is as far, Mr. President, as I care to go now in the state- 
ment of this question or in the argument of it. I have no doubt that 
it will engage the attention of Senators in this debate: but whether 
the question is brought up or not it is very apt to be debated, for 
it has been suggested on all sides and evidently is a subject of 
very anxious inquiry on the part of the Senate, as it should be. i 
v/ill therefore leave the further discussion of this branch of the 
subject until the debate has progressed further and I have heard 
from some other Senators upon the subject. 

Appendix A. 

MAKQOS DE EAKAGUA. 

The nationPol coiiiicil, in a meeting held on tlie 16th of October, 1895, resolved 
tha-t the publication in book form in an edition of 500 copies of all the laws, 
rules, decrees, and other orders passed by it be printed after being previously 
approved by the council and sanctioned hy its president. 

JOSE CLEMENTE VIVANCO, 

The Secretary of the Council. 

CONSTITUENT ASSEMBLY, KEPUBLIC OP CUBA. 

I, Jose Clemente Vivanco, secretary of the national council and chancellor 
of the Eepubiic of Cuba, certify that the representatives of the dilferent 
army corps into which the army of liberation is divided met in constituent 
assembly on the 13th day of September, 1895, at Jimaguayu, and agreed to have 
a preliminary session, where the character of each representative would be 
accredited by the respective credential of his appointment. There resulted, 
after the proper examination by the chairman and the secretaries, who were 
temporarily citizens, Salvador Cisneros Betancourt and secretaries Jose 
Clemente Vivanco and Orencio Nodarse, the following distribution: 

Eepresentatives of the First Army Corps, Citizens Dr. Joaquin Castillo 
Duany, Mariano Sanchez Vaillant, Eafael M. Portuondo, and Pedro Aguil- 
lera. 

For the Second, Citizens Licentiate Kafael Manduley, Enrique Cespedes, 
Rafael Perez Morales, and Marcos Padilla. 

For the Third, Citizens Salvador Cisneros Betancourt, Lopez Eecio Loinaz, 
Enrique Loinaz del Castillo, and Dr. Fermmin Valdes Dominguez. 

For the Fourth, Licentiate Severo Pina, Dr. Santiago Garcia Canizares, 
Eaimundo Sanchez Valdivia, and Francisco Lopez Leiba. 

For the Fifth, Dr. Pedro Pinau do Villegas, Licentiate Jose Clemente Yi- 
vanco, Francisco Diaz Silveria, and Orencio Nodarse. 

They proceeded to the election of ofUcers for the following session, and the 
following appointments were made: Salvador Cisneros Betancourt, presi- 
dent; Rafael Manduley, vice-president; secretaries. Licentiate Jose Clemente 
Vivanco, Fi-ancisco Lopez Leiba, Licentiate Eafael M. Portuondo, and Oren- 
cio Nodarse. 

The assembly having been organized as above, and in the presence of the 
above representatives, they proceeded to hold the [sessions to discuss the 
constitution which is to rule the destinies of the republic. These sessions 
took place on September 13, 14, 15, and 16, instant, and all the articles which 
were to form the said constitutional charta were discussed. Every article 
of the projected constitution presented to the assembly by the representa- 
tives licentiate, Rafael M. Portuondo, Dr. Joaquin Castillo Duany, Mariano 
Sanchez Vaillant, and Pedro Aguilera, was well disciissed, and, together with 
amendments, reforms, and additions, were also discussed by the proposers. 
On deliberation, in conformity with the opinion of the assembly, it was 
unanimously resolved to refer the said constitiition, with the resolutions of 
8777 



85 

the said assembly, to a committee of revision of the test, composed of tha 
seci-etaries and of the representatives, Dr. Santiago Garcia Canizares and 
Bnriqne Lovnaz del Castillo, who, after complying- with their mission, re- 
turned the final draft of the constitution en the 16th. It was then read, and 
the signature of each and every representative subscribed. 

The president and other members of the assembly, with due solemnity, 
then swore upon their honor to loyally and strictly observe the fundamental 
code of the Kepubiic of Cuba, which was greeted by the spontaneous and en- 
thusiastic acclamations of all present; in testimony of which are the min-ates 
in the general archive of the government. 

In compliance with the resolution passed by this coiincil in a meeting held 
to-day, and for its publication, I issiie the following copy, in the Mangos de 
Earagua on the 18th of October, 1805. 

JOSE CLEMENTE VIVANCO, 

Secretary of the. Council. 

CONSTITUTION OF THE PROVISIONAL GOVERNMENT OE CUBA. 

The revolution for the independence and creation in Cuba of a democratic 
republic in its new period of war, initiated on February 2-4 last, solemnly 
declares the separation of Cuba from the Spanish monarchy, and its constitu- 
tion as a free and independent state, with its own government and supreme 
authority under the name of the Republic of Cuba, and confirms its existence 
among the political divisions of the world. 

The elected representatives of the revolution, in convention assembled, 
acting in its name and by the delegation which for that purpose_ has been 
confer] 
the cour 

or prejudice, ,. - „ „ . _ . 

voice in favor of Cuba, have now formed a compact between Cuba and the 
world, pledging their honor for the fulfillment of said compact in the follow- 
ing articles of the constitiition: 

Article I. The supreme powers of the republic shall be vested m a gov- 
ernment council comi^osed of a president, vice-president, and four secretaries 
of state, for the dispatch of the biisiness of war, of the interior, of foreign 
.affairs, and of the treasury. . 

Art. II. Every secretary shall have a subseeretary of state, m order to 
suDply any vacancies. 

Art. Hi. The government council shall have the following powers: 

1. To dictate all measures relative to the civil and political life of the revo- 
lution. ^ , ^ . 

3. To impose and collect taxes, to contract public loans, to issue paper 
money, to invest the funds collected in the island, from whatever source, and 
also those which may be raised abroad by loan. 

3. To arm vessels, to raise and maintain troops, to declare reprisals wiuh 
respect to the enemy, and to ratify treaties. , . , , 

4. To grant authority, when it is deemed convenient, to order the triai by 
the j-adicial power of the president or other members of the council, if he be 

HiCCU-SGCl. 

5. To decide all matters, of whatsoever description, which may be brought 
before them by any citizen, except those judicial in character. 

6. To approve the law of military organization and the ordinances of tne 
army, which may be proposed by the general-in- chief. 

7. To grant military commissions from that of colonel upward, previously 
hearing and considering the reports of the immediate superior officer and of 
the general-in-chief , and to designate the appointment of the latter and of tne 
lieutenant-general in case of the vacancy of either. 

8. To order the election of four representatives for each army corps when- 
ever in conformity with this constitution it may be necessary to convene an 
assembly. . ,, ^. ^. „ ... 

Art. IV. The government council shall intervene m the direcuion ot mili- 
tary operations only when in their judgment it shall be absolutely necessary 
to do so to realize high political ends. ., , , , 

Art. v. As a requisite for the validity of the decrees of the council, at least 
two-thirds of the members of the same must have taken part in the delibera- 
tions of the council, and the decrees must have been voted by the majority 
of those present. ., , .,, ^, „ ,, 

Art. VI. The office of councilor is incompatible with any otner oi. the re- 
piiblic, and requires the age of 25 years. ., ^ , . ,, 

Art. VII. The executive power is vested in the presiaent, and, m case of 
disability, in the vice-president. .,,,,, , . , 

Art. VIII. The resolutions of the government council shall be sanctioned 
and promulgated by the president, who shall take all necessary steps for 
their execution within ten days. ^. „ 

Art. IX. The president may enter into treaties with tne ratincaaon ot 
the government council 
2T77 



86 

Art. X. Tlie president shall receive all diplomatic representatives and 
issue til© respective commissions to the public functionaries, 

Art. XI. The treaty of peace with Spain, which must necessarily have for 
its basis the absolute independence of the Island of Cuba, must bg ratified by 
the government council and by an assembly of representatives convened 
expressly for this purpose. 

Art. XII. The vice-president shall substitute the president in the case of a 
vacancy. 

Art. XIII. In case of the vacancy in the oifices of both president and vice- 
president on account of resignation, deposition, or death of both, or from any 
other cause, an assem.bly of representatives for the election to the vacant 
offices shall be convened, the senior secretaries in the meanwhile occupying 
the positions. 

Art. XIV. The secretaries shall have voice and vote in deliberations of 
resolutions of whatever nature. 

Art. XV. The secretaries shall have the right to appoint all the employees 
of their respective oiHces. 

Art. XVI. The subsecretaries in cases of vacancy shall substitute the sec- 
retaries of state and shall then have voice and vote in the deliberations. 

Art. XVII. All the armed forces of the republic and the direction of the 
military opierations shall be under the control of the general in chief, who 
shall have under his orders as second in command a lieutenant-general, who 
will substitute him in case of vacancy. 

Art. XVIII. All public functionaries of whatever class shall aid one an- 
other in the execution of the resolutions of the government council. 

Art. XIX. All Cubans are bound to serve the revolution with their per- 
sons and interests, each one according to his ability. 

Art. XX. The plantations and property of v/hatever description belonging 
to foreigners are subject to the payment of taxes for the revolution while 
their respective governments do not recognize the rights of belligerency of 
Cuba. 

Art. XXI. All debts and obligations contracted since the beginning of the 
present period of war until the promulgation of this constitution by the 
chiefs of the army corps, for the benefit of the revolution, shall be valid, as 
well as those which henceforth the government council may contract. 

Art. XXII. A government council may depose any of its members for 
cause justifiable in the judgment of two-thirds of the councilors and shall 
report to the first assembly convening. 

Art. XXIII. The judicial power shall act with entire independence of all 
the others. Its organization and regulation will be provided for by the gov- 
ernment council. 

Art. XXiV. The present constitution shall bo in force in Ciiba for two 
years from the date of its promulgation, unless the war for independence 
shall terminate before. After the expiration of the two years, an assembly of 
representatives shall be convened which may modify it, and will proceed to 
the election of a new government council, and which will pass upon the last 
council. So it has been agreed upon and resolved, in the name ot the repub- 
lic, by the constituent assembly, in Jimaguayu, on the 18th day of September, 
1S95, and in witness thereof we, the representatives delegated by the Cuban 
people in arms, signed the present instrument. Salvador Cisneros, president; 
Rafael Manduley, vice-president; Pedro Pinan de Villegas, Lope Eecio, Fer- 
min Valdes Dominguez, Francisco Diaz Silveira, Dr. Santiago Garcia, Rafael 
Perez, F. Lopez Leyva, Enrique Cespedes, Marcos Padilla, Raimundo San- 
chez, J. D. Castillo, Mariano Sanchez, Pedro Aguilera, Rafael M. Pontuondo, 
Orencio Nodarse, Jose Clemente Vivanco, Enrique Loynaz Del Castillo, Se- 
vere Pina. 

ELECTION OF GOVERNMENT. 

The constituent assembly met again on the ISth of the said month and year, 
all the said representatives bemg present. They proceeded to the election 
of members who are to occupy the oflices of the government council, tlie 
general-in-chief of the army of liberation, the lieutenant-general, and the 
aiplomatic agentabroad. The secret voting commenced, each representative 
depositing his ballot in the urn placed on the chairman's table, after which 
the count was proceeded with, the following being the result: 

President: Salvador Cisneros, 13; Bartolome Maso, 8. 

Vice-President: Bartolome Maso, 13; Salvador Cisneros, 8. 

Secretary of war: Carlos Roloff, 18; Lope Recio Loinaz, 1; Rafael Man- 
duley, 1. 

Secretary of the treasury: Sevcra Pina, 18; Rafael Manduley, 1. 

Secretary ot the interior: Dr. Santiago Garcia Canizares, 19; Carlos Du- 
bois, 1. 

Secretary of the foreign relations: Rafael Portuondo, 18; Armando Meno- 
cal, 1; blank, 1. 



mi 



87 

Subsecretary of the interior: Carlos Dubois, 13; Oreneio Nodarse, 5; Ar- 
mando Menocal, 1; blank, 1. 

Subsecretary of foreign relations: Fermin Valdes Domingues, 18; Rafael 
Mandnley, 1; blank, 1. 

Therefore, the following were elected by a majority of votes: 

President, Salvador Cisneros; vice-president, Bartolome Maso; secretary 
of war, Carlos Roloff ; secretary of the treasury, Severa Pina; secretary of 
the interior. Dr. Santiago Garcia Canizares; secretary of foreign relations, 
Kafael M. Portuondo; subsecretary of war, Mario Menocal; subsecretary of 
the treasury, Dr. Joaquin Castillo; subsecretary of the interior, Carlos "Du- 
bois; subsecretary of foreign relations. Dr. Fermin Valdes Dominguez. 

The vice-president of the assembly immediately installed the president in 
the office of the government council that had been conferred upon him; the 
latter in turn installed those of the other members elected who were pres- 
ent, all entering on the full exercise of their functions after previously taking 
the oath. 

On proceeding to the election of those who were to occupy the positions of 
general -in- chief of the army, lieutenant-general, and diplomatic agent abroad, 
the following citizens were unanimously elected by the assembly for the re- 
spective places: Maj. Gen. Maximo Gomez, Maj. Gen. Antonio Maceo, and 
Citizen Tomas Estrada Palma, all these appointments being recognized from 
that moment. 

LAWS rOR THE CIVIIj GOYEIINMENT AND ADMINISTRATION OF THE REPUBLICo 

Chapter I, — Territorial Division. 

Article I. The Republic of Cuba comprises the territory occupied by the 
Island of Cuba from Cape San Antonio to Point Maisi and the adjacent islands 
and keys. 

Art. II. This territory shall be divided into four portions, or States, which 
will be called Oriente, Camaguey, Las Villas or Cabanacan, and Occidente. 

Art. III. The State of Oriente includes the territory from the Point Maisi 
to Port Manati and the River Jobabo in all its course. 

Art. IV. The State of Camaguey includes all the territory from the bound- 
ary of Oriente to the line which starts in the north from Laguna Blanca 
through the Esteros to Moron, passing by Ciego de Avila, follows the military 
trocha to El J-acaro in the southern coast, it being understood that the towns 
of Moron and Ciego de Avila belong to this state. 

Art. V. The State of Las Villas has for boundary on the east Camaguey, 
on the west the River Palmas, Palmillas, Santa Rosa, Rodas, the Haunabana 
River, and the Bay of Cochinos. 

Art. VT. The State of Occidente is bordered on the Las Villas, extending 
to the west to Cape San Antonio. 

Art. Vli. The islands and adjacent keys will form part of the states to 
which they geographically belong. 

Art. VIII. The State of Oriente will be divided into ten districts, which 
shall be as follows: Baracoa, Guantanamo, Sagua de Tanaxno, Mayari, San- 
tiago, Jiguani, Manzanillo, Bayamo, and Tunas. 

Camaguey comprises two— the eastern district and the western district. 

Las Villas comprises seven— Sancti-Espiritus, Trinidad, Remedies, Santa 
Clara, Sagua, Cienfuegos, and Colon. 

That of Occidente comprises sixteen— Cardenas, Matanzas, Union, Jaruco, 
Guines, Santa Maria del Rosario, Guanabacoa, Habana, Santiago de las 
Vegas, Bejucal, San Antonio, Bahia Honda, Pina del Rio, and Mantua. 

Art. IX. Each of these districts will be divided into prefectures, and these 
in their turn into as many subprefectures as may be considered necessary. 

Art. X. For the vigilance of the coasts there will be inspectors and watch- 
men appointed in each state according to the extent of the coasts and the 
number of ports, bays, gulfs, and salt works that there may be. 

Art. XI. On establishing the limits of the districts and periectures, the 
direction of the coast, rivers, and other natural boundaries shall be kept in 
mind. 

Chapter II.— 0/ the government and its administration. 

Art. XII. The civil government, the administration, and the service of 
communications devolve iipon the department of the interior. 

Art. XIII. The secretary of the interior is the head of the department; he 
will appoint the employees and will remove them whenever there will be 
justifiable catise, and will have a departmeiit chief to aid him in the work of 
the department. 

Art. XIV. The department chief will keep the books of the department, 
take care of the archives, will be the manager of the office, and will furnish 
certifications when recitie,sted to do so. 

Art. XV. The department of the interior will compile from the data col- 
lected by the civil governors the general statistics of the republic. 

Art. XVI. The civil governor will inform the department of the interior 
2777 



as to the necessities of Ms state, v/ill order the measures and instructions 
necessary for compliance with the general laws of the republic and the orders 
given by that department, will distribute to the lieutenant-governors the 
articles of prime necessity which will be delivered to them for that purpose, 
will communicate to his subordinates the necessary instructions for the com- 
pilation of statistics, and will have a subsecretary who will help him in the 
discha,rge of his functions. 

Art. XVII. The lieutenant-srovernor will see that the orders of the govern- 
ors are obeyed in the district, and will have the powers incident to his posi- 
tion as intermediary between the civil governors and the prefects. In case 
of absolute breach of communication with the civil governors, they will have 
the same powers as the latter. 

Art. XVIII. The prefect shall see that the laws and regulations communi- 
cated to him by his superior authorities are complied with. All residents and 
travelers are under his authority, and, being the highest official in his terri- 
tory, he in his turn is bound to prevent all abuses and crimes which may be 
committed. 

He will inform the lieutenant-governor as to the necessities of the prefec- 
ture; will divide these into as many subprefectures as he may consider nec- 
essary for the good conduct of his administration; he will watch the conduct 
of the subnrefects; he will distribute among them with equity the articles 
delivered to him, and he will have all the other powers incident to him in his 
character of intermediary between the lieutenant-governor and the sub- 
prefects. 

Art. XIX. The prefect will also have the following duties: He will harass 
the enemy whenever possible for him to do so; will hear the preliminary in- 
formation as to crimes and misdemeanors which may be committed in his 
territory, passing the said inf orm.ation to the nearest military chief, together 
with the accused and all that is necessary for the better understanding of the 
hearing. He will not proceed thus with spies, guides, couriers, and others 
who are declared by our laws as traitors and considered as such, for these, 
on account of the difficulty of confining them or conducting them with secur- 
ity, shall be tried as soon as captured by a court, consisting of three persons, 
the most capable in his judgment in the prefecture, one acting as president 
and the etliers as members of the court. He will also appoint a i)rosecuting 
officer, and the accused may appoint some one to defend him at his pleasure. 

After the court is assembled in this form, and after all the formalities are 
complied with, it v/ill in private judge and give its sentence, which will be 
final and without appeal;" but those who form the said court and who do not 
proceed according to our laws and to natural reason will be held responsible 
T3y the superior government. Nevertheless, if in the immediate territory 
there be any armed force, the accused shall be sent to it, with the facts, in 
order that they shall be properly tried. 

The prefect will take the statistics of his prefecture, setting down every . 
person who is found therein, noting if he is the head of a family, the number 
of the same, his age, his nationality and occupation, if he is a farmer, the 
nature of his farm, and if he has no occupation the prefect will indicate in 
what he shoiild be employed. He v\rill also beep a book of civil register, in 
which he will set down the births, deaths, and marriages v/hich may occur. 

He will establish in the prefecture all the factories that he can or may con- 
sider necessary in order to well provide the army, as it is the primary obliga- 
tion of all employees of the Republic to do all possible so that the hides shall 
not bo lost, and organizing in the best manner, and as quickly as may be, tan- 
neries, factories of shoes, rope, blankets, and carpenter and blacksmith shops. 

He will not permit any individual of his district to be without occupation. 
He will see that everyone works, having the instruments of labor at hand in 
proportion to the inhabitants of his territory. He will protect and raise 
bees, he will take care of abandoned farms, and will extend as far as possible 
the zones of agriculture. 

As soon as the prefect learns that the secretary of the interior or any dele- 
gate of this authority is in his district he will place himself under the latter's 
orders. This he will also do on the arrival of armed forces, presenting him- 
self to their chief in order to facilitate the needed supplies and to serve him 
in every possible manner. He will have a bugle to warn the inhabitants of 
the enemy's apnroach; he will inform the nearest armed force when his ter- 
ritory is invaded. He will collect all horses and other animals suitable for the 
war and lead them to a secure place, so that when the army may need them 
or they may be required by the civil authorities to whom they may appertain. 

He will provide the f orces.that majr be, or pass through his territory with 
whatever they may need, v>hich may be within his power, and especially 
shall ho provide guides and beeves and vegetables which the chief may re- 
quire to maintain the said forces. He will also deliver the articles manufac- 
tured in the shops under his immediate inspection, demanding always the 
proper receipts therefor. 

He will also provide the necessary means for the maintenance of all the 
2777 



89 

families of the territoryi especially tliose of the soldiers of the armj^ of lib- 
eration. 

Until otherwise decreed, he T7ill celebrate ciTil marriages and other con- 
tracts entered into by the residents of his prefecture; he will act in cases of 
ordinary complaints and in the execution of powers and wills, registering 
the same in a clear and definite manner, and issuing to the interested parties 
the certificates which they may require. 

Art. XX. The subprefect will see that the laws and orders communicated 
to him by his superior authorities are obeyed in territory under his command ; 
he will inform the prefect as to the necessities of the subprefecture and will 
see to the security and order of the public; arresting and sending to the pre- 
fects those who may ti'avel without safe-conduct, seeing that no violation of 
law whatsoever is perpetrated, and will demand the signed authority of the 
civil or military chief who has ordered a commission to be executed. 

Art. XXI. The subprefect will compile a census in which the number of 
inhabitants of a subprefecture will be stated and their personal description; 
he will keep a book of the births and deaths which will occur in his territory, 
and of all this he will give account at the end of the year. He will invest the 
means provided by the prefect to pay the public charges, and if the said re- 
sources are insufficient he will collect the deficit from the inhabitants; ho 
will not authorise the destruction of abandoned farms, whether they belong 
to friends or enemies of the republic, and he will inform the prefect of the 
farms which are thus abandonecl. 

Art. XXII. For the organization and better operation of the State's manu- 
factories a chief of factories shall be appointed in each district, who will be 
authorized to establish such factories which he may deem convenient, em- 
ploying all citizens who, on account of their abilities, can serve, and collect- 
ing in the prefectures of his district all the instruments he can utilize in his 
work. These chiefs will be careful to frequently inspect the factories, to re- 
port any defects which they may notice, and to provide the superintendents 
with whatever they may need, that the work may not be interrupted. 

Together with the prefect he will send to the department of the interior 
the names of the individuals he considers most adapted to open new shops, 
and on the first day of each month he will send to that department a state- 
ment of the objects manufactured in each shop of his district, indicating the 
place of manufacture, what remains on deposit, what has been delivered, 
with the names of commanders of forces, civil authorities, or individuals to 
whom they were delivered. 

Art. XXIII. The coast inspectors will have under their immediate orders 
an inspector, who will be his secretary, who will occuDy his place in his ab- 
sence or sickness, and as many auxiliaries as he may deem convenient. He 
may demand the aid of the prefects and armed forces whenever he may con- 
sider it necessary for the better exercise of his functions. The duties of the 
inspectors vrill be to watch the coasts and prevent the landing of the enemy, 
to be always ready to receive disembarkments and place in safety the ex- 
peditions which maj^ come from abroad, to establish all the salt works pos- 
sible, to capture the Spanish vessels which frequent the coasts on his guard, 
and to attend with special care to the punctual service of communications 
between his coast and foreign countries. 

Art. XXIV. The coast guards wiU acknowledge the inspector as their su- 
perior, will watch the places designated to them, and will execute the orders 
given. 

Art. XXV. The lieiatenant-governors, as well as the inspectors of what- 
ever class, will have their residence, wherever the necessity of their ofnce 
does not prohibit it, in the general headquarters, so that they can move 
easily, furnish the necessary aid to the army, and carry out the orders of the 
military chief. 

Country and liberty. 

October 17, 18£^. 

The secretary of the interior. Dr. Santiago Garcia Canizares, being satisfied 
with the preceding law, I sanction it in. all respects. 

Let it be promulgated in the legal form. 

SALVADOR CIS:^:EROS BETAKCOUET, 

Tlie President. 

October 18, 1895. 



Appencix B. 
proclamations op gexebal wetl.er. 

HabajtA, February IS. 
The following is a verbatim copy of translations made of proclamations 
published to-day: 

" Prcclamation— Don Valeriano Weyler y Nicolau, marquis of Tenerlffe, 
governor and captain-general of the Island of Cuba, general-in-chief of the 
army, etc., desirous of warning the honest inhabitants of Cuba and those 



90 

loyal to the Spanish cause, and in conformity to the laws, does order and 
command: 

"Article 1. Ail inhabitants of the District of Sancti Spirit^is and the Prov- 
inces of Puerto Principe and Santiago de Cuba will have to concentrate in 
places which are the headquarters of a division, a brigade, a column, or a 
troop, and will have to be provided with documentary proof of identity 
within eight days of the publication of this proclamation in the municipali- 
ties. 

"Art. 2. To travel in the country in the radius covered by the columns in 
operation, it is absolutely indispensable to have a pass from the mayor, mili- 
ta,ry commandants, or chiefs of detachments. Anyone lacking this will be 
detained and sent to headquarters of divisions or brigades, and thence to 
Habana, at my disposition, by the first possible means. Even if a pass is ex- 
hibited which is suspected to be inauthentic or granted by authority to per- 
sons with known sympathy toward the rebellion, or who show favor thereto, 
rigorous measures will result to those responsible. 

"Art. 3. All owners of commercial establishments in the country districts 
will vacate them, and the chiefs of columns will take such measures as the 
success of their operations dictates regarding such places which, while useless 
for the country's wealth, serve the enemy as hiding places in the woods and 
in the interior. 

"Art. i. All passes hitherto issued hereby become null and void. 

"Art. 5. The military authorities will see to the immediate publication of 
this proclamation. 

"VALEPJANO WEYLER. 

"HabauA, February 16, 1S96.'-'' 

MILITARY AND JUDICIAL PROCESSES. 

The second proclamation is as follows: 

" PROCLAMATION. 

"Don Valeriano Weyler y Nicolau, marquis of Teneriffe, governor and cap- 
tain-genera] of the Island of Cuba, general-in-chief of the army, etc.: 
" In order to avoid suffering and delay other than that essential in time of 
war, and the summ.pa'y proceedings initiated by the forces in operation, I 
dictate the following proclamation: 

"Article 1. In accordance with the faculties conceded to me by rule 3, 
article 81, of the military code of justice, I assume, as general-in-chief of the 
army operaJ:ing in this island, the judicial attributes of H. B. captain-general. 

"Art. 3. in virtue of rule 3 of said article, I delegate from this date these 
judicial attributes to the commanders-in-chief of the first and second army 
corps and to the general commanding the third division— that is, in Puerto 
Principe. 

"Art. 3. Prisoners caught in action will be subjected to the most siimmary 
trial without any other investigation escept that indispensable for the objects 
of the trial. 

"Art. i. When the inquiry is finished, subject to consultation with the 
judicial authorities, the proceedings will continue during the course of oper- 
ations, and in the presence of the judicial authority, with an auditor, the 
sentence may be carried out. When said authority is not present, the proc- 
ess will be remitted to him and the ci;lpable parties detained at the locality 
where the division or brigade headquarters is situated. 

"Art. 5. The military juridic functionary of whatever rank who accom- 
panies in the operations the judicial authorities, v/hen the latter thus de- 
cides, will act as auditor, dispensing with the assessors' assistance at court- 
martial diiring operations, in cases where no other member of the jiiridic 
body is at hand. 

" sentence in certain cases. 

"Art. 6. When the sentence is pronounced, if the sentence be deprivation 
of liberty, the culprit will be brought to Habana with the papers in the case, 
so that the testimony can be issued as to the penalty and the sentence be 
carried into effect. 

"Art. 7. The said authorities will be acquainted with all cases initiated 
against the accused in war. 

"Art. 8. I reserve the right of promoting and sustaining all qiiestions of 
competence, with other jurisdictions, as also with the military, and to deter- 
mine inhibitions in all kinds of military processes in the territory of the 
island. 

"Art. 9. I reserve likewise the faculty of assuming an inquiry into all cases 
when it is deemed convenient. 

"Art. 10. Ho sentence of death shaJl be effected without the acknowledg- 
ment by my authority of the testimony of the judgment, v?hich must be sent 
to me immediately, except when no means of communication exists or when 
it is a case of insult to superiors or of military sedition, in which case sentence 
will be carried out and the information furnished to me afterwards. 
2777 



91 

"Art. 11. All previous proclamations or orders conflicting with this on the 
question of the delegation of jurisdiction in this island are hereby rendered 
null and void. 

"VALEEIAITO WEYLER. 

" HabanA, February 16, 1S9S.''' 

The third proclamation is as follows: 

" PS0CLA3IATI0K. 

"Don Valeriano Weyler y Nicolan, marquis of Teneriffe, governor and cap- 
tain-general of the Island of Cuba, general in chief of the army, etc. : 

" I make known that, taking advantage of the temporary insecurity of 
conimnnication between the district capitals and the rest of tlio provinces, 
notices which convey uneasiness and alarm are invented and propagated, 
and some persons, more d-aring still, have taken advantage of this to draw 
the deluded and the ignorant to the rebel ranks. I am determined to have 
the laws obeyed and to make known by special means the dispositions ruling 
and frequently applied dui'ing such times as the present, through which the 
Island is now passing, and to make clear how far certain points go in adapt- 
ing them to the exigencies of war and in use of the faculties conceded to me 
by No. 13, article 7, of the code of milita-ry justice, and by the law of public 
order of April 23, 1870. And I make known, order, and command that the 
following cases are subject to military law among others specified by the 
law: 

"Clause 1. Those who invent or propagate by any means notices or asser- 
tions favorable to the rebellion shall be considered as being guilty of offenses 
against the integrity of the nation and comprised in article 223, class 6, of the 
military code, whenever such notices facilitate the enemy's operations. 

" Clause 3. Those who destroy or damage railroad lines, telegraph or tele- 
phone wires, or apparatus connected therewith, or those who interrupt com- 
munications by opening bridges or destroying highways. 

"Clause 3. Incendiaries in town or country, or those who cause damage as 
shown in caption 8, article 13, volume 2, of the penal code ruling in Cuba. 

"AIC AND COMFOBI OS" THE ENEMY. 

"Clause L Those who sell, facilitate, convey, or deliver arms or ammuni- 
tion to the enemy, or who supply such by any other means, or those who keep 
such in their power or tolera,te or deal in such through the customs and. em- 
ployees of customs, who fail to confiscate such importations, wUl be held 
responsible. 

" Claiise 5. Telegraphists who divulge telegrams referring to the war, or 
who send them to persons who should not be cognizant of them. 

" Clause 0. Those who through the press or otherwise revile the prestige of 
Spain, her army, the volunteers or firemen, or any other force that cooper- 
ates with the army. 

"Clause 7. Those who by the same means endeavor to extol the enemj'. 

" Clause 8. Those who supply the enemy with horses, cattle, or any other 
war resources. 

"Clause 9. Those who act as spies; and to these the utmost rigor of the law 
will be applied. 

" Clause 10. Those who serve as guides, unless surrendering at once and 
showing the proof of force majeure, and giving the troops evidence at once 
of loyalty. 

" Clause 11, Those who adulterate army food or conspire to alter the prices 
of provisions. 

' ' Clause 13. Those who by means of explosives commit the offenses referred 
to in the law of June 10, 189i, made to extend to this island by the royal order 
of October 17, 1895, seeing that these offenses affect the public peace, and the 
law of April 33, 1870, grants me power to leave to the civil authorities the pro- 
ceedings in such cases as are comprised in captions 4 and 5, and treatise 3 of 
Tolume 2 of the common penal code, when the culprits are not military or 
when the importance of the offense renders such action advisable. 

" Clause 13. Those who by messenger pigeons, firewoi-ks, or other signals 
commujiicate nev/s to the enemy. 

" Clause 1*. The offenses enumerated, when the law prescribes the death 
penalty or life imprisonment, will bo dealt with most summarily. 

"Clause 15. All other proclamations and orders previously issued in con- 
flict with this are annulled by this. 

" VALESIANO WSYLER. 

"Habana, Fehruary 15, 1S96." 

* «■ » « w «• # 

&777 



92 

llareh 16, 1S96. 

The Senate resumed tlie consideration of the report of the com- 
inittee of conference on the disagreeing votes of the two Houses 
upon tlie resolutions relative to the war in Cuba. 

The PRESIDING OFFICER. The Senator from Alabama [Mr. 
Morgan] is recognized as being entitled to the floor upon the 
l^ending question, vfhich is on concurringin the report of the com- 
mittee of conference. 

Mr. MORGAN. Mr. President, I had supposed that my col- 
league [Mr. Pugh] v/ould proceed with his argument until it was 
closed, but it appears that he is not physically able to go further 
with it to-day; and as is customary with myself I will come in 
now for the purpose of filling np the time until some one who is 
more interesting is ready to proceed, or some subject that is bet- 
ter entitled to public attention has been called in the Senp.te. 

I supposed when we entered upon the investigation of this matter 
in regard to Cuba it would be very becoming in us to go slowly and 
deliberately, but at the same time that when v\^e had set our faces 
in a certain direction — the direction indicated by the resolutions 
passed by both Houses — we would persist in our action until v/e 
came to some final conclusion, because it is scai-cely fair to our- 
selves, to Cuba, to Spain, or to the people of the United States that 
we should keep a subject in ansious agitation before the Senate for 
any considerable length of time, particularly one that attracts such 
grave attention and is in itself so yevy important as this subject 
must be admitted to be. 

The resolutions of the Senate and of the House, adopted by an 
almost unanimous vote, with the exception perhaps of a mere ver- 
bal criticism, mean exactly the same thing; and there is, therefore, 
no substantial ground for any controversy between the tv>^o Houses 
as to_the wording of the resolutions that we shall adopt. Person- 
ally I a.m entirely satisfied with either form of expression, believing 
that there is no substantial difference between the resolutions of 
the House and the Senate upon this subject. 

I am more particularly of that viev/ because neither the House 
nor the Senate has undertaken to reach any conclusion which in 
its effect upon the Government of__the United States v/ould be in 
the slightest degree mandatory. "Vv e have halted deliberately and 
purposely and v\^isely within the domain of opinion, without reach- 
ing the domain of mandate or enactment, in this matter. Yie have 
thought that it was our right and our duty to respond to the voice 
of the American people as it has been presented here in various 
memorials and petitions from State legislatures a,nd from commu- 
nities and from societies, some of them political, some religious, 
some commercial, and from the very large number of people of 
the United States, who, being perfectly aware of the situation of 
affairs in Cuba — being perhaps as well (or even better) advised on 
that subject as the Senate and the House— have thought that it was 
their privilege to present their views to the Congress of the United 
States in the form of petitions and memorials. 

When the people of the United States nnite, as has been done 
here very largely in the x^resentation of their opinions formulated 
in memorials and resolutions and petitions, we have the right to 
■believe that they have taken a sincere and a sedate view of the 
question; that they know what they are talking about;_ and that 
the views and wishes they express in regard to Cuban independ- 
ence and Cuban belligerency and the conduct of the war in Cuba 
are justified by their own examination into the facts, 
2777 



93 

Amongst the memorials wliicli have been sent to the Commit- 
tee on Foreign Eelations of the Senate I find one from the gen- 
eral assembly of the State of New York, which, for the moment, 
I can not lay my hand tipon. I can, however, state the substance 
of it. It is that the general assembly of the State of New York 
memorialize Congress that we shall recognize the existence of bel- 
ligerency in the Island of Cuba. Anotlier memorial I am im- 
f ormed has come from the State of Mississippi. The precise form 
of it I am not able to recall — I do not think that I have even heard 
it read. I will ask the Senator from Mississippi [Mr. Walthall] 
if I am mistaken in regard to a memorial having come from the 
legislature of his State on the subject of Cuba? 

Mr. WALTHALL. There was such a memorial presented last 
Friday. 

Mr. MORGAN. Coming from the legislature of Mississippi? 

Mr. WALTHALL. From the legislature. 

Mr. MORGAN. Vfhat was the purport of it, if the Senator will 
tell me? 

Mr. WALTHALL. I can turn to it in a moment. Here it is, in 
the Record of Friday's proceedings. 

Mr. MORGAN. It is as follows: 

Concarreut resolution memoralizing the President and the Congress of the 
United States to grant belligerent rights to the Cuban Republic, and asking 
our Eepresentatives and Senators in the Congress to vote for securing the 
same. 

Be it resolved hy the senate and house of representatives of Mississippi, That 
we extend our sympathy to the Cuban people in their struggle for freedom 
and independence, a.nd we call on the Congress and the President of these 
United States and request them to grant belligerent rights to the Cuban Re- 
public, and ask our Eepresentatives and Senators in the Congress to vote for 
securing the same, and that the secretary of state bo instructed to transmit 
a copy of the resolution to the President and Congress. 
Passed the house January 29, 1896. 



Passed the senate February 10, 1S06. 
Approved February 84, 1896. 



JAMES P. McCOOL, 
Speaker of the House. 

J. H. JONES, 
Prcsid&nt of the Senate. 

A. J. McLAURIN, Governor. 

J. L. VO'WER, Secretary of State. 



There is a memorial coming from an extreme Southern State, a 
very close neighbor to Cuba. That memorial has been well con- 
sidered. That is no claptrap. That is no suddenly formed opin- 
ion. That is not an opinion which is without foundation in justice 
and in fact. It comes from a great State that is entirely v/illing 
to make its contribution of whatever may be needed for the pur- 
pose of sustaining the attitude of the Government of the United 
States whenever it is taken upon this question. You will observe 
that in the resolutions of the Senate and of the House and in the 
report that is now the subject of discussion we have not gone anj'= 
where near the extent that has been gone by the general assembly 
of Mississippi. Nov\^, here is the memorial of the general assem- 
bly of New York: 

State of Nevs^ York, in Assembly, 

Albany, January 13, 1S96. 

On motion of Mr. Warner: 

Whereas a condition of civil war exists between the Government of Spain 
and the Government proclaimed and for some time maintained by force of 
arms by the people of Cuba; and 

Whereas the struggle for independence and for republican institutions by 
the Cubans has awakened in the people of the United States a deep sympathy 



94 

for their cause and a hope that they may succeed in their momentous con- 
test, 

Besolved (if the senate concur). That we participate in the deep interest 
which is felt for the success of the people of Cuba in their struggle to estab- 
lish their liberty and independence. 

Besolved, That the President and Congress of the United States be, and they 
are hereby, petitioned to extend to the insurgents of Cuba a formal recog- 
nition of their rights as belligerents. 

Jiesolvecl, That copies of this resolution be duly certified by the clerk and 
forwarded to the President and presiding officer of the United States Senate 
and House of Representatives. 

By order of the assembly. 

A. E. BAXTES, ClerJc. 

Mr. HILL. Did tlie senate concur? 

Mr. MOEGAF. I do not know. 

Mr. HILL. It does not seem to have done so. 

Mr. MORGAN. It reads, "By order of the assembly." 

Mr. HILL. I -will state that the legislature is composed of tho 
assembly and the senate. The senate does not seem to have con- 
curred. 

Mr. MOECtAN". This is a memorial of the house of representa- 
tives. 

Mr. HILL. Of the assembly. 

Sir. MORGAN. That means the house of representatives. 

Mr. HILL. It would be analogous to the house of representa- 
tives; but there is a senate and an assembly. 

Mr, MORGAN. They are the direct representatives of the 
people. _ 

Mr. HILL. Both are elected at the same time. 

Mr. MORGAN. Both are elected at the same time and com- 
prise one general body of legislative authority. The people, there- 
fore, of the great State of Islew York, which has the control — I 
might say the domination — of the commercial and financial pov/er 
of the whole United States in a certain sense, and perhaps of the 
whole Y/estern flemisphere in a pretty large sense, have disrobed 
themselves of their fears and apprehensions. They have stepped 
forward in answer to this plea of the people of Cuba for inde- 
pendence a,nd for recognition and for justice, and have expressed 
themselves in that State through at least one of the houses — 
through the popular house — in favor of the attitude that a great 
many gentlemen in the House and the Senate of the Congress of 
the tJnited States think ought to be taken — that is to say, direct, 
immediate recognition of the independence of Cuba. 

Following that come some memorials from a mass meeting of 
citizens of Pawtucket, R. I., favoring the recognition of the bellig- 
erencj^of Cuba; amemorialfromapublicmeetingheldinDelav.^are, 
without any indication of the number of persons who were assem- 
bled, to the same effect; a letter from the secretary of the St. Louis 
Merchants' Eschange, favoring Cuba's belligerency; a memorial 
from the Americaai Protective Association, favoring the acknowl- 
edgment of the independence of Cuba; a memorial from Joe Hooker 
Post, No. 21 , Grand Army of the Republic, Mount Vernon, Ohio, in 
favor of granting belligerent rights to Cuba; resolutions of the 
Merchants' Exchange of St. Louis, Mo., asking Congress to grant 
belligerent rights to the people of Cuba, now struggling for their 
freedom ; a petition of the Trades and Labor Assembly of Colorado, 
in favor of the Cuban insurgents ; a resolution of the Board of Trade 
of La Crosse, Wis., urging the recognition of Cuban belligerency; 
a resolution of the Rutland Board of Trade, of \^ermont, urging 
Congress to recognize the belligerency of Cuba; a resolution of the 
Board of Trade of Kansas City, Mo., favoring the recognition by 



95 

Congress of Cuba: a resolution from tlie Board of Trade of Kansas 
Cityj favoring the granting of belligerent rights to tlie people of 
Cuba; another resolution from the Board of Trade of Kansas City, 
requesting Congress to grant belligerent rights to the people of 
Cuba, largely signed; a resolution of the Board of Trade of In- 
dianapolis, in favor of Cuban independence; a resolution favoring 
the recognition of Cuban insurgents, which was offered in the 
Senate by the Senator from Nebraska; a memorial from the 
A, P. A. of Nebraska, favoring the granting of belligerent rights 
to the Cuban patriots; resolutions indorsing the cause of Cuba 
passed by the Ministerial Association of Harrisburg, Pa. I shall 
read that for the purpose of getting before the Senate some idea 
of the sentiment of the religionists of this country on this subject. 
It is as follovv's: 

Resolutions indorsing the Cuban cause, passed by the Ministerial Association 
of Harrisburg, Pa., Monday, October 28, 1895. 

Wlaereas life, liberty, and the pursuit of happiness are the essentials for 
the maintenance of all that appertains to man; and 

Whereas the monarchical itendencies of European powers have always 
tended to persecute and enslave America and Americans; and 

Whereas, for the complete emancipation of American institutions guaran- 
teeing the freedom and permanent establishment of a government "for the 
people, of the people, and by the people," our fathers were forced to have 
recourse to arms to break the yoke of British tyranny; and 

Whereas the Monroe doctrine proclaims an edict dear to every American 
heart, "America for Americans; " and 

Whereas the patriotic sons of Cuba find themselves to-day in the identical 
position which actuated our forefathers to strike for liberty; and 

Whereas the despotism, the oppression, and the excessive burdens forced 
upon Cuba by Spain to maintain an oligarchy in Europe and an extravagant, 
expensive, and unnecessary retinue in Cuba, to the detriment and political 
enslavement of a liberty-loving people, we find the stroke for liberty by the 
Cuban people to be patriotic and praiseworthy in every way; and 

Whereas the Spanish authorities have not been ab]e to crush out what was 
called a band of robbers, but have been taxed to their utmost ability by plac- 
ing thousands of troops in the field and marshaling the aid of all other coun- 
tries to deprive the Cuban patriots of the necessary resources to contend 
successfully^ with them; and 

Whereas in the face of all these difficulties the patriots have been able to 
increase their armies, organize and maintain a provisional government, and 
defeat the enemy upon many battlefields, they are entitled to belligerent 
rights under the iisage and customs of international courtesies: Therefore, 

Be it resolved. That this ministerial association indorse .and extend our 
sympathies to the Cuban cause, and hereby petition to the President and 
Congress of the United States to grant to Cuba belligerent rights and the 
recognition of her provisional government, thereby emphasizing the spirit 
and the letter of the Monroe doctrine, and that every American be allowed, 
without let or hindrance, to have commercial intercourse with the Cuban 
patriots, furnishing commodities or munitions of war without being subjected 
to the espionage and arrest by our ofticials or the military or naval despotism 
on the part of Spain. 

Resolved, That a copy of these resolutions be sent to the President of the 
United States, the President of the Senate, and the Speaker of the House of 
Representatives as our prayer in behalf of the independence of Cuba. 

Further be it resolved. That a copy be sent to the Cuban junta of New 
York, to be forwarded to the pesident of the provisional government, show- 
ing our appreciation and support in behalf of their noble catise. 

H. C. C. ASTWOOD, Chairman. 
W. H. MARSHALL. 
WM. P. LAWRENCE. 

In that memorial, which comes from that body of ministers of 
the Christian gospel, there is presented in a condensed form nearly 
all that can be said on this subject so far as our rights, duties, 
and sympathies coincide in moving us to action. It contains also 
a statement in concise form of those facts which are undeniable 
to the whole American intelligence, a denial of which would shame 
any man who seeks to make it. 

2777 



96 

Resolutions were presented also from tlie city council of St. 
Augustine, Fla., favoring a recognition of Cnba; resohations in 
the nature of a memorial of the city council of West Tampa, Fla., 
favoring recognition of the independence of Cuba; resolutions of 
sympathy with Cuba adopted by citizens of Quincy, 111. ; memorial 
from the city council of Tampa, Fla., favoring the recognition of 
Cuba; resolutions of a mass meeting of citizens of the city of Des 
Moines, Iowa, praying Congress to recognize the freedom of the 
people of Cuba; resolutions of George A. McCall Post, No. 31, 
(J-rand Army of the Republic, of West Chester, Pa. , favoring the 
recognition by this country of belligerent rights to Cuba; resolu- 
tions adoi^ted by the city council of Jacksonville, Fla., in favor of 
the recognition of the Cuban revolutionists as belligerents; reso- 
lutions of Nassau Camp, No. lOi, United Confederate Veterans, of 
Fer nan dina, Fla., favoring the recognition by the United States 
of tlie Cuban revolutionists as belligerents; resolutions of the Ohio 
Normal University, expressing sympathy for the Cuban insur- 
gents; resolutions of the students and teachers of the Normal Uni- 
versity of Ada, Ohio — the same place, I sui:)pose — in favor of Cuba, 
and signed by other persons; resolutions of tlie Board of Trade of 
Kansas City, Mo., requesting Congress to recognize the belligerent 
rights of Cuba; resolutions of 149 citizens of Fairfield, Iowa, pray- 
ing for the recognition of the Cuban revolutionists; resolutions of 
citizens of Nev/ark, N. J., expressing for Cubans who are strug- 
gling for independence their sympathy. These resolutions were 
passed by a mass meeting assembled in Nev/ark on the 13th of 
December, 1895. 

Then follows a memorial of citizens of Pueblo, Colo., express- 
ing sj'mpathy for the Cuban insurgents. A large mass meeting 
seems tohave been held for the purpose of getting up that expres- 
sion. Then follow a petition of citizens of Fremont, Nebr., ask- 
ing recognition of Cuban belligerents; resolutions adopted at 
Providence, R. I., December 20, 1895, asking Congress to recog- 
nize now the belligerent rights of the Cuban revolutionists; reso- 
lutions of citizens of Akron, Ohio, in favor of the recognition of 
Cuban belligerents; resolutions adopted at a mass meeting held 
a,t Kansas City November 20,JL895, favoring recognition of Cuban 
belligerents; petition of the Houston Typographical Union, No. 
87, favoring recognition of Cuban insurgents; memorial of the 
students and teachers of the Ohio Normal Universit.y, at Ada, 
Ohio — an additional one; resolutions of the National G-range of 
Patrons of Husbandry, favoring the acknowledgment of Cuban 
belligerency and extending sympathy to the Cuban cause; petitions 
of citizens of Madison, S. Bale, praying the Congress of the 
United States to grant to the Cubans belligerent rights; resolu- 
tions of a mass meeting of the iieople of Newark, N. J., recom- 
mending that belligerent rights be accorded to Cuba; petition 
from the Tv/enty-eighth Ward of the city of Philadelphia, praying 
for a speedy recognition as belligerents of the Cuban patriots in 
their struggle for freedom; resolutions of sjanpathy vv'ith Cuban 
insurgents from the Federation of Labor. 

Here are petitions from the people of Florida demanding bellig- 
erent rights to Cuba, largely signed; here is a isetition from citi- 
zens of Minerva, Ohio, to the same effect, largely signed, headed 
by the question, " Shall Cuba be free?"; here are memorials from 
citizens of Florida, urging the Gi-overnment of the Unit^ed States 
to grant the Cuban combatants the rights of belligerents; a peti- 
tion of citizens of Ashland County, OhiOj in favor of the recogni- 
2777 



97 

tion of Cuban independence; a petition praying for a speedy rec- 
ognition of beliigerency in favor of the Cuban patriots in their 
struggle for freedom, by the citizens of Hobart, N. Y.; a petition 
of tiie citizens of Oregon, favoring the recognition of the inde- 
pendence of Cuba, extensively signed; a petition of citizens of 
Chicago, 111., praying for the speedy recognition as belligerents of 
the Cuban patriots in their struggle for liberty, largely signed; a 
petition of sundry citizens of Aliron, Ohio, in addition to those 
heretofore submitted; the petition of Amethyst Council, No. 40, of 
Amethyst, Colo., A. P. A., for the recognition of the Cubans' as 
belligerents. 

Mr. President, I also hold here a mass of petitions signed by 
1 , 688 individual citizens from all over the United States. It would 
seem that almost every county in the United States is represented 
in this v>^ide reach and range of petitions. 

Mr. SHERMAN. If the Senator will allow me, I am author- 
ized to say that in the House of Representatives petitions and 
memorials from various parts of the United States to the same 
elfect were presented, sufficient to fill a large box. There had 
been presented there many times the number that have been pre- 
sented in the Senate. 

Mr. HALE. "We are all of us familiar with the methods by 
vv^hich a great many of these petitions come to us and are gotten up 
in all parts of the country. I do not knov/ whether it is so in this 
case, but I presume it will be found by anybody vs^ho looks at these 
petitions that they are all upon printed headings sent out from a 
single source and signed and returned. The spontaneity of peti- 
tions of this kind comes not from the country at large, but from 
New York or V/ ashing ton. 

I do not sxippose that the Senator from Ohio_had strictly the 
right to refer to anj^thing that occurred in the Mouse of Repre- 
sentatives, but I have no doubt that what he states is true; that 
this deliberate plan, this whole proceeding ijrepense, has gone on 
and that petitions have gone to the other House just as they liave 
come here. 

Mr. MORGAN. In reply to what the Senator from Maine as- 
sumes or presumes in regard to these petitions, I will hand hiia 
this package of petitions, memorials, and resolutions and let him 
see ho v/' many of them are written in that way. 

Mr. HALE. If the Senator will send them to my desk, i shall 
be very glad to look at them. 

Mr. MORGAN. The Senator can investigate to see whether or 
not anybody has been putting up a fraud on the Senate and House 
of Representatives of the United States in this matter. 

Mr. FRYE. It is just exactly as easy to get remonstrances 
signed as it is to get petitions signed, and they are ordinarily ob- 
tained in the same way. I should like to inquire of my colleague 
if he has ever heard of a remonstrance being presented to Con- 
gress against the recognition of Cuban belligerent rights? 

Mr. HALS. Yes. I will tell my colleague that I have had 
hiTndreds of letters from business men all over the countrj^ 

Mr. FRYE. I am not talking about letters. 

Mr. HALE. They are to me of much more force and effect 
than these cut and dried j)etitions. I have had— and I am glad 
my colleague has brought me out on that point — hundreds of let- 
ters from business men all over the country, which I did not 
think it worth while to put before the Senate, protesting against 
this whole crusade. 
2777-r 



98 

Mr. FRYE. But there never lias been presented a remonstrance 
on tlie subject to either House of Congi-ess by anybody. 

Mr. HALE, Letters are the best form of remonstrances that 
can be brought before Congress— earnest expressions of opinion 
«>f business and conservative men all over the countrv. 

Mr. MOEaAN. Mr. President, it has got to be the' habit, and I 
think it is a very evil one, too, of men who are called business men — 
men who ov/n estates and property— setting themselves against 
Congress and against the public sentiment of the people of the 
TJnited States, widely, universally, and sincerely expressed, in pri- 
vate communications to Congress for the purpose of keeping down 
any legislation that might cost them a little money or a little dis- 
turbance of their peace or their business relations. I know we 
are in the presence of such difficulties as that; but men who thus 
seek privately to influence Senatorial action and are not vv'illing 
to come out with their public lorotests and memorials and avow 
what they propose to have us do and to act "apon are not much 
in the way of an enemy, when the American people happen to have 
one. 

V/hat chance, Mr. President, have the few representatives of 
these Cuban insurgents, who are denounced as robbers, as pirates, 
as mulattoes, as negroes, as Spaniards and dagos, and as a con- 
temptible, low crowd, by the high authorities, the ministerial 
authorities of Spain present in this Government, to manufacture 
sentiment to influence the people of the United States or the Sen- 
ate or the House of Representatives? None whatever. They have 
neither the money nor the m.eans with which to do it. There is 
no indication in that mass of petitions of any false presentation of 
sentiment. I doubt not that every man who signed those peti- 
tions — and they are signed with pen and v/ith pencil, and some of 
them signed with a cross mark — honestly expressed to the people 
of the United States what his convictions v/ere. The Senator from 
Maine probably does not think that the legislature of New York 
or the legislature of Mississippi haA^e gotten up any bogus repre- 
sentations here to us or have been operated upon by some spasm 
of indignation or patriotism to cause them to lay before us an ear- 
nest admonition and request to grant belligerent rights and also 
independence to the Island of Cuba. 

The Committee on Foreign Relations had not supposed until 
this very moment that they were being dealt with improperly in 
the presentation of this great mass of petitions, and in all sin- 
cerity they have acted upon them as if they came voluntarily from 
the American people and expressed their honest views. 

I brought these forward merely to show the amount of pressure 
that had been brought upon the GDmmittee on Foreign Relations 
in the Senate, and in connection with that, to show how conserva- 
tive and careful had been the action of that committee. Not- 
withstanding this very great pressure, and notwithstanding the 
gratification we could have given to hundreds and thousands, if 
not millions, of the people of the United States by being prompt 
and urgent in our response to their demands, we have gone as 
slovdy and as patiently as it was possible for us, with a decent 
respect for the opinions of mankind, to the step in this direction 
which we have taken at last. 

Not only that, but we were told in the debate the other day that 
the Spanish minister here had sent a paper or a memorandum of 
some kind before the Committee on Foreign Relations of the Sen- 
ate which had not appeared anywhere in the papers in this case. 
2777 



99 

There was sucli a paper sent to us, and it has not appeared. It 
was a memoranduna sent by the Spanish minister throngh onr 
Secretary of State, for the purpose of advising us of the situation 
of affairs in Cuba, with a view to gefc us to delay our action upon 
assurances from that minister that the steps v/hich had already 
been taken in Cuba for the suppression of the rebellion were about 
to become successful. Any Senator who desires to do so is entirely 
at liberty to read it. So it is a matter of no consequence at all, 
except that, notwithstauding this great pressure of petitions and 
m.emorials to which I have just referred, the Senate Committee 
on Foreign Relations hesitated, stopped in their movements for a 
month or more, to see whether or not the Spanish minister was 
correct in his view of the progress of the efforts in Cuba to sup- 
press this insurrection and rebellion. Therefore we have not come 
before the Senate of the United States or before the country with- 
out opinions deliberately formed, and v/itliout a careful investi- 
gation of every fact within our reach connected v/ith this very 
delicate and very important subject. vVe have neither been asleep 
nor have we been too hasty. 

We have tried to control our action by a profound regard for the 
rights of Spain and the rights of the Government and the people 
of the United States, and a profound respect for the Senate of the 
United States. So that when we should come in here with our 
final action we should be able to present some scheme or project 
of action upon vfhich both Houses could unite and which would 
present the views of the American people at this moment of timo 
upon this great question, saying nothing about what progress Vv^e 
might make in our viev/s upon further developments in either di- 
rection — either in favor of the revolutionists there or in favor of 
the Government of Spain — but confining ourselves, as we thought 
it our duty to do, to the situation as it appeared to be presented 
in the facts at the moment of our report. 

« Now, I trust that after this, Mr. President, there will not be 
finything more said or even thought in respect of the action of the 
'Committee to the effect that it has either been inconsiderate, or 
that it has been hasty, or that it has been too slow. I believe we 
have acted as dutifully as it was possible for a committee to do. 

Mr. HALE. Will the Senator allov.^ me? 

The PRESIDING OFFICER. Does the Senator from Alabama 
yield? 

Mr. MORGAN. I do. 

Mr. HALE. I have not been present during the entire time of 
the Senator's remarks, and I do not know v/hether or not he has 
referred to the statement of the Siianish minister, which, to the 
surprise of some of the Senate, was brought before the body on 
Friday. If he has not, before he closes I hope he will explain to 
us what in some respects was a mystery. 

The Senator from Ohio [Mr. Sherman] , the chairman of the 
Committee on Foreign Relations, on Thursday referred to the 
Spanish case, which nobody outside of the committee before that 
had heard of, and stated that the committee did not have it be- 
fore them; that the junior Senator from Massachusetts [Mr. 
Lodge] had communicated with the State Department and had 
learned the Spanish case from some statement of the Spanish min- 
ister, and had told the committee what it was. On the next morn- 
ing the junior Senator from Massa,chusetts corrected the Senator 
from Ohio, and stated tha,t he had had no personal communica- 
tion with the Department, but that the case as made out for the 
2777 



100 

Spanisli Government by the Spanisli minister had been presented 
to the committee, and had been read to them by my colleague 
[Mr. Frye] , upon which the Senator from Indiana [Mr. Turpie] , 
the third member of the committee, who appeared upon the scene, 
rose in his place and stated that the resolutions which had been 
reported from the conference committee had never been before 
the Committee on Foreign Relations and had never been approved 
by them, 

Nov/, the Senator fi'om Alabama [Mr. Moegan] , the fourth mem- 
ber of the committee, has arisen to more explanations. Before he 
sits down I hope he will state to the Senate whether the Commit- 
tee on Foreign Relations, v/hich the Senate trusts as a conservative 
committee to iiresent this whole case to this body, did ha,ve the 
statement of the Spanish minister, because members of the com- 
mittee complained bitterly that the Spp^nish minister had appeared 
and appeaJed to the country through the news^oapers, but had not 
approached the committee through the proioer channels. I hope 
the Senator will not leave the floor before stating, if the Spanish 
minister did through the State Department send a statement to the 
committee, vvhy it was that in some way or other the committee 
did not re'oort that fact to the Senate, 

Mr. MORGAN. Mr, President, the notes of the Reporter will 
show that it has not been ten minutes since I stated that vfhole 
thing to the Senate. 

Mr. HALE. I have just stated to the Senator that I Vv^as not 
present here all the time, and did not hear all he had said. 

Mr. MORGAN. I can not keep the Senator from Maine in his 
seat, of course, but I suppose I must go back and repeat what I 
have said for his satisfaction. 

Mr, HALE. Then I v/ill ask the Senator to explain— for I do 
not think he has done that to the satisfaction of the Senate, al- 
though I was not here — v/hy it was, if the committee had that doc- 
ument, had that statement, and had that case, it did not at some 
time, before it v/as unwarily disclosed to u.s by the Senator from 
Ohio, report it to the Senate, and give us the benefit of it? 

Mr. MORGAN, The Senator from Maine is a lawyer, and he 
knows it is very seldom that an afudavit or a statement made on 
a motion for a continuance is offered in evidence on a final trial. 

Mr, HALE. But this is not the case of a new trial. The Sen- 
ate has never decided this case, and Congress has never decided it. 

Mr. SHERMAN. I simi)ly vfish to 'say that v/hat the Senator 
from Maine has said is not a correct statement of what I either 
said or did. 

Mr. HALE. Did not the Senator say 

Mr. SHERMAN. I will not engage in any wrangle about it. 
i will refer to the Record, 

Mr. HALE. Certainly we understood the Senator from Ohio, the 
chairman of the Committee on Foreign Relations, to state that the 
Spanish case had been brought out by the Senator from Massachu- 
setts [Mr. Lodge] , who had been in communication v/ith the StatQ 
Department, and who had told the committee what it was. The 
next day the Senator from Massachusetts himself rose in his place 
and corrected the Senator from. Ohio and stated that the case pf 
the Spanish minister was brought to the entire committee. I lis- 
tened in vain, Mr. President — - 

Mr. MORGAN. If 1 can get the floor long enough to make an 
answer to a question that is a good deal longer than my speech, I 
2777 



101 

will try to do it, and try to satisfy tlie Senator from Maine about 
this business before I get tbrotigh. 

Spain was anxious to delay action in the Senate of the United 
States. Spain was afraid, I suppose, that this grave body would 
get into a tantrum, and finding an opportunity, would launch 
forth some very belligerent declarations in regard to Cuba. And 
so the minister from Spain sent a memorandum to the Secretary 
of State, Mr. Olney, settin"- forth, according to what he thought, 
a proper view of the situation in Cuba as well as in Spain. Mr. 
Olney, so far as I know (I know nothing about it; the chairman of 
the committee can correct me if lam mistaken Pvbout it), con- 
cluded that it was his duty to send that paper to the Senate commit- 
tee. I do not know whether it was called for or not. But, at all 
events, the paper carne to the Senate committee. It was not sent 
in in any official form. The original paper which v/as submitted 
by the Spanish minister to the Secretary of State was sent to the 
committee. I was not there when the paper arrived, nor was I 
there when it v^as being read, being detained from the committee 
by some fortuitous matter. I came in just about the time of the 
close of the session, and the chaii'man called my attention to the 
fact that a paper from the Spanish minister had been read, and it 
being in the hands of the clerk of the committee, I asked leave to 
glance over it, as it was going right back to the State Department; 
and I looked it over. The only impression it made upon me at the 
time was that it was a plea for continuance, for postponement, on 
the part of Spain. 

Mr. HALE. Let me ask the Senator 

Mr. MOEGAN. I have it here. 

Mr. HALE. I am not going to ask the Senator about the test 
of the memorandum; but v/as any indication ever given to the 
Senate by the Committee on Foreign Kelations that that commit- 
tee had had any such paper 

Mr. MORGAN. There was no occasion for it. 

Mr. HALE. Or that there was any case on the other side until 
it was unwarily brought out by the Senator from Ohio? 

Mr. MORGAN. Ah , there is no use for the Senator from Maine 
to attempt to cast suspicion upon the integrity of the Committee 
on Foreign Relations in a matter of this kind. 

Mr. HALE. I do not attempt to cast suspicion upon the integ- 
rity of the committee, but I do say that there is a general feeling 
that the committee itself has not communicated to the Senate any 
information whatever upon which it has based its action, and it 
never was more illustrated than it was on Friday, when the Sen- 
ator from Indiana [Mr. Turpie] , in his seat, said that tiie resolu- 
tions reported by the committee of conference had never been 
approved by the Committee on Foreign Relations. 

Mr. MORGAN. I have the floor on this question, and I am 
going to keep it until I get through with it. 

Mr. HALE. The Senator can ijrevent me from asking a ques- 
tion 

Mr. MORGAN. The Senator from Maine is endeavoring to raise 
a case of surmise and suspicion against the Committee on Foreign 
Relations, that they have concealed from this body some fact that 
bears upon the condition of the case as stated by Spain. I will 
read the paper and comment on it as I go along, for the purpose 
of showing that nothing has been withheld here that Spain con- 
tended for at all. Nothing has been attributed to Spain that she 
2777 



102' 

does not admit, except perhaps in some casual remark by a Senator- 
Bnt nothing in the way of facts has been presented on this floor in 
behalf of the committee that Spain does not admit. 

Mr. HALE. I am very glad at this late day to have the Senator 
bring in the paper he has. 

Mr. MOSGAN. It is not a late day. The paper was sent back 
to the State Department becanse the Secretary of State reqnired 
it to be done. He did not communicate to ns a copy of it, as I 
think he should have done. He should have left it with the com- 
mittee instead of keeping it as a state paper v^hich he would not 
communicate. So on last Saturday I wrote to the Secretary of 
State and asked him for a copy of the paper. His reply to me was 
that he would consult the Spanish minister, and if he consented 
to it, I might have a copy. 

Mr. HALE. Did he consent? 

Mr. MORGAN. Yes. Mr. Ohiey says: 

My Dear Sir: Tlie Spanisli minister says lie lias no objection to your read" 
ing tlie inclosed as part of your speech to the Senate on the Cuban resolu" 
tions. I accordingly send it to you. 

There Spain, through her minister, seems to have some closer 
relation to the Secretary of State than has the Committee on For- 
eign Relations. He can send a paper up through the Secretary of 
State to be read in our committee room and withdra\\ii and car- 
ried back to the files of the State Department and kept there, not 
communicated; and when I asked that the paper might be sent 
here the Secretary says, " I will confer with the Spanish minister, 
and if he consents to it, I v/ill let you have a copy." 

The committee did not keep a copy of the paper, as perhaps 
they might have done and as perhaps they otight to have done, 
because'they regarded it precisely in the light in v/hich it was in- 
tended to be considered, as a petition on the part of Spain for 
further time, that we would delay action until Spain got ready 
to have some very favorable report made by the Senate of the 
IJnited States in her behalf. There is added to this a paper dated 
the lltli of January, 1898, marked "Confidential." I do not be- 
lieve that paper was before the committee, biit I am not certain 
of it: 

Sir: In rejaly to a telegram addressed to the governor-general of Cuba, in 
which I asked Gen. Martmez Campos some questions whose answers I have 
not been able to inclose in my memorandum of yesterday for the short time 
1 had at my command, I have received the following answer: 

" The so-called instirgent government has no fixed residence. They came 
to the Villas and have returned to Camaguey. One hardly knows where 
they wander about as soon as a column of the army goes in their pei'secution. 
They do not live nor reside in any inhabited place, and do not esercdse any 
act of civil government." 

That is all triie, no doubt— all true. How many places of habi- 
tation did the government of the confederacy have during the 
Revolutionary vf ar in the United States? Nine different places to 
which they resorted, escaping from the British in one quarter to 
find protection in another. 

Mr. SHERMAN. The Continental Congress moved back and 
forth from place to place, 

Mr. MORGAN. Not merely the executive government, but the 
whole Congress moved backward and forward until they had nine 
habitations in the United States. The British Government could 
not chase them down sufficiently to capture them. Where was 
our Government when this Capitol was set afire and burned 
to the ground by the British who came across the Atlantic Ocean? 
2777 



103 

A fugitive in Virginia. Wlia t was its local habitation tlien? Does 
this gentleman aspect to make a point upon the people of Cuba 
because they are compelled in the exigency of their situation to 
change their government from place to place? Yet the truth is, as 
is shown by reports made and riublished in the Evening Star from 
Captain Mannix, who visited tlie place on two occasions, that 
there has been from the outbreak of the revolution a permanent 
capital in Cuba, at Cubitas, on the top of the mountains at the 
eastern end of the island. It has never been changed, it has never 
been attacked, and it has never been approached by the Spaniards. 
It is the place from which justice is administered and the civil 
laAV is executed in its protection of the rights of property, life, 
and lib-erty. 

So the complaint of Martinez Campos, which is contained in 
the telegram that he sent to Mr. Dupuy de Lome, is merely that 
the insurgent government has no fixed residence. " They came 
to the villas and have returned to Camaguey." What does he 
mean by "returned to Camaguey"? He means they came to the 
villas for the purpose of executing their orders and administering 
justice, as Mr. Mannix explains, through the prefects and sub- 
prefects of the different districts of Cuba. Vfhen they had gotten 
through with the establishment of civil government and their 
inspection of the offices of civil government there, they returned 
to Camaguey. Camaguey is the capital province of Cuba, and 
Cubitas is the town, the village, if you please, in which that gov- 
ernment is established, and has been from the beginning. The 
Spaniards have never dared even to attempt to attack it. 

That seems to have been a necessary part of the programme 
which Mr. Dupuy de Lome wants to lay before the Government 
of the United States in order to satisfy us that it would never do 
for us to recognize the belligerency of a government which is 
scattered about as that is from place to place. 

If the establishment of a government as a civil government de- 
pends upon the ijlace where it is obliged to be in order to escape 
from capture, then, of course, those men can never establish civil 
government until they have first conquered and driven the Span- 
iards out. 

Mr. HALE. Will the Senator from Alabama allow me to ask 
him a question? 

Mr. MORGAN. Yes, sir. 

Mr. HALE. Has the Senator read that most interesting account 
of the peregrination and wanderings of the correspondent of the 
Evening Star in trying to find this nebulous capital, in which he 
entirely failed? 

Mr. MORGAN. Cantain Mannix? 

Mr. HALE. Yes. ^ 

Mr. MORGAN. Is that the name— Captain Mannix? 
^Mr. HALE. Does the Senator believe that there exists at the 
place v/hich he has named anything that is in the form of a repre- 
sentative government? 

Mr. MORGAN. I do. 

Mr. HALE. Does he believe that at this place, at this small 
village which the correspondent either did not find or barely found, 
there exists any such legislative body, any such judicial tribunal, 
any such head of the army and the navy as existed at Mont- 
gomery, and a.fterwards at Richmond, in the Confederacy, or as 
existed all through the war of the Revolution, at the time of the 
rebellion, if you call it so— the war against Great Britain? Does 
2777 



104 

the Senator believe that any such condition exists in Cuba to-day, 
or has existed for the last year? 

Mr. MORGAN", I snpijosed I had the floor for the pm-pose of 
explaining this paper and making some remarks upon it. But I 
find I am here only for the purpose of answering questions like a 
school child at a kindergarten. 

Mr. HALE. It is not my fault if the Senator appears like a 
school child who ought to be questioned. It is not my fault 

Mr. MORGAN. No; I will come at the Senator about that and 
pnt him on his answer to questions. When he got up here he 
asked me if I had read an article published in the Evening Star,- 
in which its correspondent had wandered all through CulDa and 
had failed to find the capital. 

Mr. HALE. Or barely found it. 

Mr. MOEGAN. No, sir. In the first question the Senator put 
to me he said Captain Mannis had failed to find it. Then, when 
he found that Captain Mannix, whose story he read just as well 
as I have, did find it, and not only found it, but afterwards re- 
turned to it and was treated with great hospitality and kindness 
while he was there, and had to march for miles on foot, meeting 
with many guards, in order to get there — when he found that he 
says perhaps Captain Mannix found it, and if he did it w^as some 
raiserable little village or place, one, perhaps, that a decent gov- 
ernment had not any right to be at. 

Mr. HALE. I took the Senator's words about a village. It is 
a very small place. There is no doubt abou.t that. 

Mr. MORGAN. It is a small place. 

Mr. HALE. With that interruj)tion, I am not going to v/orry 
the Senator any longer. 

Mr. MORGAN. The Senator does not woi-ry me. He is wor- 
rying . 

Mr. HALE. I had the honor to address the Senate on the sub- 
ject a few days ago, and I welcomed interruption. I was inter- 
rupted by several Senators. 

Mr. MORGAN. I do not care about discussing that matter. If 
the Senator will just let me have a little breath of tim.e to say a 
■word or two together, it will be all right. 

Mr. HALE. I do not think that any Senator can prevent the 
Senator from Alabama from occupying 

Mr. MORGAN. I will prevent interruption by refusing to let 
the Senator interrupt me. 

Mr. HALE. I will not interrupt the Senator again. 

Mr. MORGAN. Do not do it any more, if the Senator does, I 
vnll call him to order. 

Mr. CHANDLER. While the Senator from Alabama takes a 
breath, will he allov/ me to make a statement about Cubitas? 

Mr. MORGAN. Yes. 

Mr. CHANDLER. Not only is the statement of the Senator 
from Ala,bama correct, but it is to be borne in mind that Captain 
Mannix described fully, when he went to Cubitas, exactly how he 
went, what train he took: that he went to Matanzas. He describes 
the whole physical conformation of the country after he reached 
the interior village, where is the capital. lie describes his return 
from it, and he afterwards described another visit which he made 
^here 

Mr.' MORGAN. Yes, a second visit. 

Mr. CHANDLER. And that the Spanish Government, with 
that information in their hands, have not taken the capital and 
2777 



105 

never have dared to try to take tlie capital is very good evidence 
that the insurgents, whether or not they need to have a capital to 
entitle them to recognition as helligerents, have a capital, and that 
even all the Spanish troops in Cxiba can not reach and capture it. 

Mr. MORGAN, Gom&z and Maceo have come nearer to captur- 
ing Habana than the Spanish Crov9"n has ever come to capturing 
CuMtas. 

Mr. CHANDLER. The insurgents have been within a half 
dozen miles of Rabana, and there is no evidence that the Spanish 
trooj>s have been within 50 miles of Cubitas. 

Mr. SHERMAN. The insurgents have been within 10 miles of 
Habana within a fev7 days. 

Mr. MORGAN. That so great a man and so gxeat a general as 
Campos, in reply to the telegram of the minister, could state no 
better reason than that for discarding the existence of a civil gov- 
ernment in Cuba is something which to me is very surprising. 
Why did he not say a Cuban Government does exist; it has its pre- 
fects and subprefects, its collectors of taxes, its judicial organiza- 
tion? Why did he not say that it is supreme over the militai"y, 
and that Gomez and Maceo hold their commissions to-day signed 
by Cisneros and countersigned by the secretary of war, conibin- 
ing together the civil and military authority, all of the elements 
of a republic except a navy? They have not any navy because 
they have no money to buy ships and no chance to build them. 
The mere fact that Gen. Martinez Campos should say no more 
against the Government of Cuba than he has said in this dispatch 
is enough to convince any sincere man, it seems to me, of the 
actual existence of that Government in Cuba. 

More than that, that Government is not a stranger to Cuba. It 
is the same Government, headed by the same men, Cisneros as 
president, Gomez a.s commander of the army, which caxjitulated 
in 1878, hauled down the flag of the lone star of Cuba upon terms 
and conditions made with Spain which recognized, expressly rec- 
ognized, their existence at that time as a republic. When they 
went otit as a rei5ublic they yielded up their sovereign authority, 
as they claimed it, into the hands of the monarchy of Spain. 
When it is found, as will be demonstrated even more fully than it 
has been, and beyond the power of all denial, that Spain has broken 
every covenant in that capitulation, when Cisneros comes back to 
the head of the civil government, and Gomez comes back to the 
head of the war establishment, and they hold a convention for the 
liurpose of establishing a constitution which is now printed in the 
records of Congress, sent to usjby the Secretary of State — when 
that has been done, it is too late for General Campos or any person 
else to say that a government does not exist in the Island of Cuba 
on the part of the revolutionists which has pov/er over life, liberty, 
and property; and to-day when any private citizen of the United 
States, of Spain, of Cuba, or of any other Government comes within 
the purview of its power he is bound to yield his obedience, be- 
cause it is at least a government de facto. 

If an American citizen in the heart of the Province of Camaguey 
should lend or give a thousand dollars to this provisional govern- 
ment, or this government de facto, for the purpose of carrying on 
the war, and the Spanish monarchy a.f ter the war was over should 
arrest him on the island and try him for that as an act of treason 
or as a breach of their laws against the insurrection, the Govern- 
ment of the United States would be bound to thrust its arm in 
and say, " Stop; you can not try this citizen and condemn him for 

2777 



lOG 

obedience to a government cle facto established in Cuba wliicli you 
did not have the power at the time to overthrow." That is the 
situation, stated in a very brief way, but in a concise and perspicu- 
ous one, I trust, so that tliere can be no doubt left about it. That 
government is powerful enough to protect any man who is within 
reach of its influence, even though he enters its armies and takes 
the oath of allegiance to it, because he can not refuse to do it if he 
is conscripted or if enlistment is demanded of him. 

The Spanish minister then goes on to state his reasons why we 
should not recognize the belligerency of the Cubans. He lays 
them out in extenso at an early day in the month of January; I 
do not recall the date. What does he say about it? 

Sugar does not pay direct taxes. The especial tax on manufacture was 
abolished. The only tax now paid by sugar is 75 cents per ton on exports, 
with the name of "load permit. " 

If the crop could be entirely lost, and the average exportation of 600,000 tons 
■were absolutely impossible, the loss for the treasury would be $4.50,000. This 
is less than 1 per cent of the war expenses. 

The insurgents do not occupy any part of the country permanently. 

That means the men in arms, of course— the insurgents. They 
"do not occupy any part of the country i)ermanently." General 
Washington's" army did not occupy any part of this country per- 
manently while the Revolutionary war v/as going on. His army 
was operating from Quebec down to Savannah, back and forth, 
oftener chased than chasing. The people, hov/ever, who lived in 
the country were some of them hostile to the Government of Great 
Britain and some were friends to it. They were divided up into 
parties that were called Whig and Tory, in some communities 
about equally divided, and in some the Tories had the ascendency. 
They were not called the insurgents. It was the arm^y led by 
General Washington that was called the army of the rebellion, 
the insurgent army. They moved about, of course, as military 
necessity required, from place to place. They had no great forts 
that they could fortify and remain in, and the Cubans would not 
take Morro Castle and agree to hold it as against a fleet, because 
they have not the powder and ammunition to do it with. They 
could not do it. That is not their style of fighting. Their cam- 
paign is not suited to any such exigency. He says: 

The insurgents do not occupy any part of the country permanently. If 
they would occupy a well-known one, the arrny would be there immediately. 

That is to say, they will not sit down and let the Spaniards come 
■ap and cut their throats, and that is a very bad thing to do. 

As they are all mounted and are continually changing horses, it is easy for 
them to outmarch the troops. 

We know that is so. 

Their tactics have always been not to engage in a fight, and to destroy all the 
cultures and to attack the small towns garrisoned only by a very small force 
of militia. 

Legitimate warfare— proper, good tactics. 

If there are more than 20 soldiers, they never approach the blockhouses. 
Only when their forces greatly outnumber those of the army a part of them 
stands to light to better allovv' the others to follow their usual tactics. 

That is from General Campos , an extract from that same dispatch. 
That is a serious complaint for General Campos to make against 
the Cubans, but the Cubans were whipping him with those tactics 
all the time. They drove him off the island, and they sent him 15 
miles with his chief of staff at nighttime on foot through the 
morasses of Cuba, after they had v/hipped the army and driven it 
until he could not find it. I do not wonder that he complained at 
2777 



107 

it. But, Mr. President, the complaints have been getting louder 
and lender from that day to this, and these Cuban tactics, it seems, 
are too much for the power of the Spanish army. He says: 

Please consider this letter as a complement of my memorandum, and acceiot 
tlie asstiranes of my highest consideration. 

E. DUPUY DE LOME. 
Now, here comes the memorandum: 

The situation in the Island of Cuba, considered on a military point of view, 
is unchanged, and probably, taking only in consideration the llnal result of 
the war, has been bettered by the raid of the two Cuban leaders, Maximo 
Gomez and Maceo. 

The advance of the command of those two men to the Province of Matanzas 
and Habana and to the limits of Pinar del Rio has been prepared with the 
intention of producing a theatrical effect and to impress the public opinion, 
in the United States. 

Mr. President, that is tragedy; they have been slain, and it has 
not been played with puppets either. That theatrical effect about 
which Mr. Dupuy De Lome speaks has been a very severe effect 
upon the military situation of Spain in Cuba. He says: 

It is probable also that [has been planned— and in this they have utterly 
failed — with the desire of producing an uprising in some of the larger towns 
of the most thickly populated part of that island. 

A month's time has revealed that they did not fail in that. 
Maceo went down in Pinar del Rio and came back with an army 
at present estimated at an increase of 10,000 soldiers, m.ore than 
half of them following Maceo in the hope of getting guns from 
the hands of the Sjpaniards or their dead comrades when they 
were killed in battle. 

The reports of the press and of interested persons have presented the in- 
surgents as a victorious army marching toward the capital of tha island, and 
they have even considered the possibility of the investment of Habana. 

They might well have done so. Circumstances have been 
strongly tending in that direction. 
Nothing further from, the truth — 

Says the minister, and yet we hear by every mail that comes 
from Habana of the burning of railroad stations, the breaking up 
of the trains, and the destruction of the railroad lines within 7, 8, 
10, and 15 miles a;ll aroiuid Habana. 

To understand the war in Cuba it is necessary to bear in mind the nature 
of the soil- 
Now, mark this — 

the nature of the soil and the kind of warfare that is only possible there. The 
commander-in-chief of the Spanish forces had to comply with the moral duty 
of every government to protect as much as possible the private property. 
The army has been scattered to garrison the sugar estates, and has been suc- 
cessful to a great extent in preventing the bui-ning of the buildings and the 
destruction of the machinery. The rest of the forces have been in constant 
persecution of the insurgents, preventing them to remain in a ijlace, obliging 
them to wander about, and succeeding in having engagements, which have 
never been decisive, because the policy of the enemy has been to disband at 
the approach of the forces of the army. 

The war against the insurgents in Cuba can only be compared with irregu- 
lar guerrilla wars and Indian ware, in which only by mere chance it is possi- 
ble to deal a severe and decisive blow. 

The same vv'^ar, with the same guerrilla bands, that drove Napo- 
leon out of Spain; the same tactics— Spanish tactics — applied to 
the Spanish army by these poor vagrant Cubans of whom he 
speaks. 

The peace can only be attained by the constant persecution of the bands, 
by preventing them from establishing themselves in a part of the country, 
by lessening their number by constant engagements, and by discouraging 
them, diminishing their resources, and proving them that— 
2T77 ' 



108 
" To tliem " I suppose lie meant — 

that they can not succeed, loecause the greater and better part of the country 
not only is not with them, but against them. 

That is a dolorous Gtitlook for a man wlio is going to conquer 
that country in a few short months. Hovv^ long are we to wait 
here until Spanish tactics and Spanish power can provide for 
Spanish authority in Cuba, against this declaration that "i^eace 
can only be attained by the constant persecution of the bands, by 
preventing them from establishing themselves in a part of the 
country, by lessening their number, by constant engagements," 
etc.? If that is the only chance to get peace in Cuba, good-bye to 
peace in that island; it Avill never be realized except v/hen the 
Spanish ]power has consented to the independence of the people. 
This fact- 
He says — 

has been completely clemonsfcrated in the a,ctual campaign. The insurgents, 
it is true, have gone from one place to another, and have traversed a large 
part of the island, but in doing so they have not been gaining ground, but 
changing- the field of their operations. 

The two principal leaders of the Cuban rebels, the Dominican Maximo 
Gomez and the mulatto Antonio Maceo, are now in the province of Habana, 
but, although to follow them it has been deemed necessary to withdrav.r an 
important number of troops from Puerto Principe, Santa Clara, and the west- 
ern province of Santiago de Cuba, nothing has occurred there, showing not 
only that they have no means at their disposal, but also that the country at 
large is not in their favor. 

And yet no single public meeting lias ever been held in the 
Island of Cuba during this revolution outside of ilabana to indi- 
cate that the people, as they call them, of Cuba are in favor of 
the monarchy and against the republic. 

It seems that this ought to bo the moment to show sympathy and give 
support when the attention of the Spanish commander-in-chief has been 
called near the political and business capital of the island. 

What does this m.ean? It is a suit to us, a petition to us, not 
merely that we should delay the action demanded of us by the 
,people of the United States in their petitions and memorials and 
by these legislatures, but it is a moment that ought "to show 
sympathy and give support when the attention of the Spanish com- 
mander-in-chief has been called near the political and business 
capital of the island." That is to say, it is a confession that Q omez 
has been driven into Habana, and that is the critical moment at 
which the Government of the United States ought to give its sup- 
port and express its sympathy for Spain as against the Cubans. 
They become the petitioners, they become the solicitors of our in- 
terference, and Spain to-day is angry with the people of the United 
States only because we have not expressed for them outward and 
open sympathy and issued proclamations and done all else to drive 
them from our coasts when they applied here for shelter against 
Spanish persecution. No words could more plainly express what 
is demanded of us than is contained in that paper. He proceeds: 

The present advance is not difncuit to explain. Maximo Gomez and Maceo 
had an engagement, if I well remember, on the end of November, in the State 
of La Eeforma, near the line dividing the Province of Puerto Principe from 
the Province of Santa Clara. The commander of the Spanish troops de- 
feated what he thought was the main body of the enemy, and went in the 
persecution of him in the region known as Camaguey; then Maceo and 
Maximo Gomez, taking advantage of the nature of the soil, pushed in two 
bodies to the west, leaving the Spanish columns and lines to their rear 
guard. It was the beginning of the raid that has brought so much destruc- 
tion to property and that has so greatly influenced the public opinion and 
the press. 
2777 



109 

There lie confesses that Gen. Martinez Campos was outwitted 
and defeated, in fact, in his purpose by Maceo and Gomez, and he 
laments that that is the cause of the destruction of the large 
amount of property in the Habana district and also down in Pinar 
del Rio. 

Nothing is easier, altliough nnfoi'ttinate, than -wha.t has been done by tho 
two Cnban leaders. They are at the head of a few thousand men, in their great 
majority negroes, momited, without commissary department to delay their 
movements. They meet or disband, according to the necessities of the occa- 
sion, marching continnally, stealing and changing horses, avoiding the reg- 
ular army, running and disbanding when the soldiers reach them, exchanging 
only a few shots, to reform again, sending marauding parties to' destroy tho 
cane fields. 

A new description, a new history, of Francis Marion, of the 
American Revolution. We did not find any fault with Francis 
Marion's tactics. We looked at the splendid results achieved by 
that gallant and devoted man, and his name v/ill go down to his- 
tory among the most splendid ligiils of the American military 
family. 

It is well to say that nothing is easier than to bam the sugar cane. It has 
always been in Cuba a current proverb that a negro with a box of matches 
can prevent the gathering of the total sug-ar crop. The destruction has been 
confined, with very few sad exceptions, to tho cane fields, a thing that has 
been impossible to prevent, as everybody familiar with the condition of the 
island well knows. They have not dared to approach the buildings and plan- 
tations that were protected by detachments of th-e army or volunteers, nor 
have they, in ail the time that the revolution has lasted, tried to attack oi* 
hold any town of medium importance. Not a single town or village has risen 
in their favor, raising the rebel flag, although the bulk of the bands has passed 
sometimes at a near distance. 

As it has been said above, the military situation of the island has not 
changed. The insurgents have not gained ground. 

At the beginning of the military operations, after tho arrival, late la De- 
cember, of the third army corps of 25,000 men to the Island of Cuba, and 
v/hen the dry season was well settled, the insurgent chiefs have made a bold 
raid, with the intention, that has not been concealed, of influencing public 
opinion abro-ad. That is all. They know that they can not succeed, and their 
only hope is f o-anded, directed by the Junta of New York, in what they most 
desire— in the possibility of bringing difficulties in the relations of Spain and 
the United States. The Junta has not succeeded, although it has tried to; 
they have not been able, although engaged continually in it, to violate tho 
neutrality laws that they have never obeyed, and now they look for an indi- 
rect intervention to help them in a fight that they can not win because they 
are a small minority. 

The insurgents have ridden through the provinces of Matanzas— 

Listen to this — 

The insurgents have ridden through the provinces of Matanzas and Santa 
Clara and nothing else — 

That was in January — 

destroying a great deal of property of noncombatants, not only of the sup- 
porters of the Government, but also of foreigners. The excuse for such acts 
of unnecessary vandalism is that they want to cut the resources of the Spanish 
Government. This reason is too preposterous. The tax derived from sugar 
in the Island of Cuba can sustain an army of over 100,000 men in campaign 
only for a comparatively short time. 

Therefore it is preposterous. That is all they had— their sugar 
and tobacco — for exportation, to get money with, and I have always 
understood that any belligerent power not only would, but that 
it had the right to destroy the resources of the enemy by burning 
up his crop or vv^hatever else he had that would contribute to his 
strength. 

Mr. SHERMAN. It was done on both sides in our civil war. 

Mr. MORGAN. Of course it was. 

The real reason of the destruction is to punish the landowners for their 
loyal support to the Spanish Government, which represents peace, freedom, 
and civilization in the island — 



110 

YVellj I really enjoy reading sucli words coming from tliepen of 
a Spaniard. "Peace, freedom, and civilization in tlie island" — 

and at the same time to drive to their ranks the many laborers that will ho 
left withont the means of subsistence, and to prevent the desertions in their 
ranks that wore anticipated the moment that many thoiisands of men that 
have been driven to their ranks by the crisis brought about by the low prices 
of sugar in the last years would be offered honorable means of gaining a 
salary. 

The rebel bands that have been presented to the American public as an 
army have been near Habana. They have not been able to attack or even to 
surround the city, and it seems absurd even to consider it, remembering that 
to the present moment they have not even tried to hold a place where to 
establish what they call their government. They have destroyed the rail- 
roads in Matanzas, but these have been immediately repaired and are run- 
ning, and have brought part of the troops by which they have immediately 
been surrounded. They are so now, and by enough forces to give us the hox3e 
that they will be compelled to fight, and that their retreat to a more favor- 
able field for the operations of guerrilla bands will be prevented— 

I suppose that tlie Senator from_ Maine [Mr. Hale] v/onld be 
delighted with a resolution passed by the Senate of the United 
States that the Cuban forces should stop and fight and should not 
run any more into the swamps, like Marion did. That w^ould suit 
exactly. That is the sort of support we could give to Spain down 
there that would be of material assistance — 

If the military situation has not changed, and to a certain point is better, 
the political also is not changed. The rebels, to answer the request of their 
sympathizers abroad, have formed what they name a government, and have 
written a constitution for the only purpose of printing it in the New York 
papers. But that government has no place where to reside; it has been 
■wandering from one place to another in tlie fastnesses of the mountain of 
Najasa. They have no regular functions; there is no^civil government; they 
do not exercise any jurisdiction in fact. The only one is that exercised by 
the rebel bands that wander about without a place v/here to rest. The direc- 
tion of the rebellion is on the field and chiefly by the organization that v,'ith 
the name of "Junta" resides in N"ew York, and is composed of individuals 
who have adopted the American nationality and sworn allegiance to the 
American flag. 

It is said in Cuba that the actual war has been imported against the will of 
a large majority of the country. Everything has been planned abroad; for 
years political clubs established in the United States and in some countries 
of South America have collected funds and prepared the uprising, and when 
a law giving a large measure of self-government to the island, accepted and 
voted even by the Cuban deputies of the Home Rule party, was passed, when 
they were losing all hopes of having followers in Cuba, the war was imported 
by leaders that are mostly foreigners or colored men, and that were neai'lj^ 
all of them abroad. 

The insurrection has spread, and it is not a wonder, taking into considera- 
tion the class of men that form its ranks. Out of a few young and enthusi- 
astic men who have joined the ranks of the rebels, only what would be called 
in all countries old demagogues are at the head of the revolution. ISfot only 
they have not established a government, but they will not be able to form 
one, even if it were possible that the Island of Cuba would be separated from 
Spain. 

The advance of the bands of Gomez and Maceo has brought close together 
all the political parties of the island deciding to support the Spanish Govern- 
ment, because even the most liberal and radical in the Home Rule party 
know that order and law are impossible in the present condition of the island 
witnout Spain. 

In this revolution the negro element has the most important part. ISTofc 
only the principle leaders are colored men, but at least eight-tenths of their 
supporters. The black population of the island forms a little more than one- 
third of the 1,000,000 Cubans, but they are strong and numerous in the eastern 
part, and the result of the war, if the island cotild be declared independent, 
will be a secession of the black element and a black republic on that part of 
the island. 

The revolutionary organization that from New York has directed the pres- 
ent uprising has been mistaken in its appreciation of the forces of Spain. 
They did not imagine that Spain could send in a short time a largo army with 
such facility and in Spanish bottoms. At the same time they have not been 
a.ble to suppose that Spain could have, as she has and will have, the necessary 
money to sustain what she is bound to sustain, the integrity of her territory. 
They could not understand the unanimous and stanch determination of the 
2777 



Ill 

political parties and of everybody in Spain to sacrifice the last man and the 
last dollar to prevent a bad minority of people withoiit standing in tlae island 
to oblige the large majority to accept, against their "will, a change of govern- 
ment tliat will bring the total destruction of an island that is to-day the ricli- 
est territory of the Spanish- speaking nations in America. 
In all what is said — 

I suppose " that " is meant — 

in favor of a few thousand rebels; all is forgotten about the large majority 
of Cubans loyal to Spain and ruined by the revolution; nothing- is said of the 
hundreds of thousands of citizens born in Spain but who have lived since 
childhood in Cuba, and by their economy and thrift have built the founda- 
tion of the riches of the island; nothing of the foreigners that want to be 
protected against their deliverers. 

The insui-gents have not shown that they can succeed ; they have not estab- 
lished B government and will not be able to establish one. It is the opinion 
of everybody that in a very short time the main body of the msurgents, which 
is in a critical position, will be dealt with; but if the chances of war should 
make necessary the increasing of the Spanish forces, it is not idle to state 
that, according to the latest orders of the war department of Spain, the 1st of 
January, 1896, the roll call of the standing army in Spain was over 83,000 men; 
and, at the same time, that in the system of mobilization that has brought to 
Cuba three army corps of 25,000 men each, 43 battalions of 1,000 men have not 
been touched, and can be sent at a moment's notice. 

The Ciibaniasiirgents are, and represent, a small minority of the people of 
the island ; they do not occupy permanently any town or part of the territorjr ; 
the principal feature of the revolution is a radical war; they have not a civil 
government established, and no civil and judicial jurisdiction is exercised; 
the revolution has been started from abroad, is maintained by foreign aid, and 
its last and only hope is to be supported by foreign intervention, obtained by 
a systematic misrepresentation of facts. 

Now I have read the whole of that iiuractiloiis and. mysterious 
paper, and 1 have shown that it is Vv^iat I claimed it to he, a mere 
petition for delay. And the Senate granted it by giving the delay, 
l3y waiting to see whether or not the conjectures of the minister 
from Spa,in would be realized in the near future or how the tide 
would turn. 

Very soon after this was handed in, the Spanish Government, 
despairing of any conquest of the insurrectionists of Cuba through 
the powers of Martinez Campos, who was the greatest man, both 
in a military sense and in the sense of being a great statesman, 
that Spain has produced perhaps in a century, finding that he could 
not accomplish the result of the conquest of Cuba, recalled him 
and sent Weyler in his place. They threw the sword of ester mi- 
nation into the scale by sending VT'eyler to Cuba, and they deter- 
mined that Cuba should feel the blade that leaves nothing to grow 
after it has struck. 

Mr. SHERMAN. Will it be convenient for the Senator from 
Alabama to go on now, or does he desire that the Senate sha„ll 
adjourn so that he may finish his argument to-morrow? 

Mr. MORGAN. I will yield as soon as I mention one more fact 
which i wish to go into the Record this evening. 

Mr. SHERMAN. All right. 

Mr. MORGAN. The senior Senator from Maine [Mr. Hale], 
in his speech in opposition to this resokition and in opposition to 
the independence and the belligerent rights of Cuba, delivered in 
the Senate last week, relied almost entirely and based his argu- 
ment upon an alleged dispatch that was received fi'om the premier 
of the Spanish Government. He read it at large with an attentive, 
respectful, almost religious isresentation, and after he had gotten 
it upon record he based his argument upon it to show the mag- 
nanimity of the Spanish Government, to show the grounds of 
their action in Cuba, and to show their relations vnth the Govern- 
ment of the United States. 
2777 



112 

Now comes out tlie declaration of Mr. Castillo that lie wrote no 
such dispatch and was not responsible for it. The Senator from 
Maine was overreached ; he mistook the Spaniard; the Spaniard, 
it appears, had neither mercy nor consideration in his heart for the 
poor people of Cuba. These poor niulattoes, negroes, vagabonds, 
described by the Spanish minister, Dupuy de Lome, have no recog- 
nition at the court of Spain; never have had and never will have; 
and they quarrel with any American citizen, particularly with any 
Southern man who was raised in a negro community, who has been 
the owner of slaves, because he stands up on the floor of the Senate 
of the United States and demands for tliem all the rights of men. 
The Senator from Maine, when he presents these questions to the 
Senate of the United States, negatives that demand. He is not 
willing that they should be free men in Cuba, and I take it for 
granted that he is not willing they should be free men here, unless 
by some hook or by some crook they can be made to vote the Re- 
publican ticket. 

I will close, Mr. President, at this place, retaining the floor. 

Mr. SHERMAN. I move that the Senate adjourn. 

Mr, NELSON. I ask the Senator from Ohio to yield to me a 
moment to obtain the consideration of a bill for the benefit of a 
j)rivate soldier. 

Mr. SHERMAN, I yield to the Senator from Minnesota. 
* a a «• « * 

March 17, 1S96. 

Mr. MORGAN. I ask that the conference report upon the dis- 
agreeing votes of the two Houses upon the resolutions relative to 
the war in Cuba be laid before the Senate. 

The PRESIDING OFFICER (Mr. Bacon in the chair). The 
Senator from Alabama calls up the conference report indicated by 
him. The question is upon concurring in the report, upon which 
he is entitled to the floor. 

Mr. MORGAN. Mr. President, I have on several occasions since 
I have been in this body experienced the disadvantage of being 
compelled to break an argument upon a question in half andpro- 
ceed on some later day to complete it. I never felt this disad- 
vantage more seriously than I do to-day. It seems to me that 
this is a case that deserves consecutive argument and treatment, 
because it involves principles of law which are intricate and unde- 
cided in the United States, and it involves also our relations v/ith 
a foreign government, which are delicate at this moment of time, 
are the sulaject of considerable irritation, am irritation not pro- 
voked by anything that has been done either by the people or the 
Government of the United States, but provoked, as I understand 
it, by the supersensitiveness of Spain, because she feels that the 
sand is crumbling from under her feet, and that she is about to 
lose the beautiful gem of the Antilles, to which she attaches such 
a vast importance, and always has, and justly. This gem of the 
Antilles is an orange that Spain and her feudal lords have been 
sucking now for nearly four centuries. W hile it is true that they 
have very nearly gotten all the substance, all of the juice and 
sweetness, out of it, it still remains as the only territory that they 
seem to have a particular fondness for, and it seems to gratify all 
the tastes of Spain for dominion and power, accompanied with 
the control of men and things in the sense of the severest des- 
potism. 



113 

The paper tliat I last read and commented iipon yesterday was 
the best statement that the Spanish minister could then make, on 
the 11th of January, as to the prospects of Spain in her efforts to 
suppress the rebellion in Cuba". It was hastily withdrawn from 
the committee, no copy being left with us, and no one on the com- 
mittee has seen it, I think, or has scarcely remembered its exist- 
ence, until I presented it to the Senate yesterday, after it had been 
made the subject of animadversion of a somewhat severe character 
by the Senator from Maine [Mr, Hale] against" the Committee on 
Foreign Relations. His animadversions, if they are due to any- 
body, are due to the Secretary of State and the Spanish minister, 
his particular friend, and I dislike to become a sort of scapegoat 
for what the Senator now finds upon looking into the subject is 
the fault, if fault of any person, of Mr. Olney and Mr. Dupuy de 
Liome. 

That is a very weak statement, if it was then, or is now, all that 
Spain has to say about the Cubans and the war they are waging, 
and about her power to suppress the rebellion. I do not know 
why it has been held in seclusion, but I suppose, rationally I 
think, that this forecast of Spanish success and this prophecy of 
the suppression of the rebellion have been so utterly disproved by 
subsequent events that the reproduction of this paper would dis- 
credit Spain's capacity as a diviner of the future, and would in- 
crease into a wail of despair the note of anxious apprehension 
which pervades that statement. 

Never was a demand for liberty met v'ith a feebler protest; 
never was the success of an enemy disparaged by so weak a refu- 
tation: never did a victor have to recount so many defeats, such 
artful strategy, and so many narrow escapes as the story of this 
war reveals as it is told in the letter of General Campos and the 
comments of the Spanish minister upon this semitragic warfare. 

The plea of the Cubans for liberty is answered by the assertion 
that negroes are fighting those fierce yet sacred battles. The plea 
for indei^endence is answered by the assertion that Gomez is a 
Dominican and Maceo a mulatto, and they could not conduct 
civil government if they had independence. The plea for humanity 
is answered by the fact the supplicants are mere subjects, not 
citizens with a voice that can even utter a prayer — ]poor, dejected 
outcasts, without the right to human benevolence. 

The PRESIDING OFFICER. The Senator from Alabama will 
suspend. The hour of 2 o'clock having arrived, the Chair lays 
before the Senate the lanfinished business, which will be stated. 

The Secretary. A bill (S. 502) to approve a compromise and 
settlement^ between the United States and the State of Arkansas. 

Mr. BE±tRY. I ask that the unfinished business be temporarily 
laid aside, without losing its place. 

The PRESIDING OFFICER. The Senator from Arkansas asks 
that the unfinished business be temporarily laid aside. Is there 
objection? The Chair hears none. The Senator from Alabama 
will proceed. 

Mr. MORGAN. The plea set up by the Spanish minister for a 
further exercise of our long-sufi'ering patience is that these miser- 
able wretches are exceedingly hard to whip, because they will not 
stand up in line and be shot down. That, having few arms, little 
ammunition, and no artillery, after they have delivered a single 
blow they seek shelter in the thick woods, after the example of 
that fox," Francis Marion, whose headquarters were in the islets 
of the Dismal Swamp, in our Revolution. They are accused of 
2777— S 



114 

discarding the strategy and high etiquette of chivalric vv^arfare, 
knowing that the Spaniards who will kill them when they are 
captured, though they are left wounded on the field of battle, will 
receive honors, badges, and promotions for such service. Yet they 
turn their prisoners free, because they can not feed them and have 
no prisons like the Isle of Pines, Fernando Po, or Ceuta in Africa, 
to which they can condemn them, in chain gangs, to perpetu.al 
imprisonment. 

These lawless rebels are charged with being naked and bare- 
footed, without commissary trains, and in such bad plight^and 
of such fierce and daring nature that the senior Senator from 
Maine [Mr. Hale] exhibits the deepest abhorrence when denounc- 
ing them as "guerrillas" and "savages." 

For more than tv/o centuries we have fought savages, in guer- 
rilla warfare, savages compared v/ith whom the worst of the 
Cubans and some of the Spaniards are pretis chevaliers— very 
angels of light; yet our history in these five himdred wars has 
been humane, and we have never refused belligerent rights, as 
to the humanities of warfare, to any Indian tribe engaged in 
open hostilities. It is otherwise in Cuba, where the barbarities 
practiced by the monarchy, in former wars, of old, and of late, 
and at present, have provoked retaliation until human life, like 
that of serpents and noxious worms and beasts of prey, is consid- 
ered as being fit only for extinction, 

Spain has made tliis bad record so distinctly a part of her his- 
tory that her vv^ars with Cubans blush with the crimson hue of 
murder and are blackened with rapine as a universal assumption 
of fact. When the Spanish minister was sending his "memoran- 
dum " to the Senate committee as a plea for delay, we had the 
right to recur to the facts of the history of the last war of Cuba 
for independence, and to the outcry of the world against their 
repetition in the i^resent war, and to ask ourselves if we could 
afford to give our silent acquiescence to the Spanish assertion 
that a million people are rebel traitors and deserve death in any 
form that Spanish ferocity or vengeance shall choose to inflict. 
We dared not to give such an answer to the petitions of our peo- 
ple, yet we were constrained into longer silence by our duty and 
our reverence toward our own country. We were compelled to 
answer that there is no reasonable ground for the expectation of 
any change for the better in the character of the present war. 

The furtive allusion to sugar in the memorandum of the Spanish 
minister which I read yesterday, and to the burned plantations of 
our citizens in Cuba, intended to sweeten the invocation of our 
sympathy and for our aid in crushing the rebellion, did not serve 
to convince us that Spain, without our aid, could again subjugate 
these people in their war for justice, liberty, and life. That cov- 
ert plea was almost a conclusive proof that Spain had despaired 
of success. 

That memorandum treats of Cuba as a mere feudatory of Spain, 
whose people are incapable of self-government and do not deserve 
the treatment even that is due to coolies or serfs. This is the 
true relation between Spain and Cuba that has been established 
by the cruelties of that Monarchy. This is the blot on the escutch- 
eon of Spain that will not out. It is not provincial or colonial; it 
is only feudal. What voice Cuba has in the Spanish Cortes is the 
voice of rulers selected for them and seduced into tyrannical 
exactions upon them by divisions of tlie spoils gained from their 
robbery. 

27(7 



115 

The feudalists of Spain have their friends and supporters among 
the feudalists in Europe and America. Of late that nevj rank 
has had a great accession of strength, even in this plain Repuhiic, 
notably among the nouveau richesse. Their power seems to brood 
over this Senate and to check the earnest movement of the people 
in the direction that their noble ancestry have never refused to 
march, v/hatever the peril or the cost. Facts that prove the exist- 
ence of open war in Cuba are admitted in the memorandum of 
the Spanish minister, sent to the committee through the Secretary 
of State, which I read yesterday. And yet the feudalists demand 
further proof. The existence of an organized civil government 
among the insurrectionists, that they at least obey, is distinctly 
admitted by the Spanish minister. But its efficacy is denied, and 
it is alleged that it has no permanent capital. 

It is the existence of war and not its atrocities, Mr. President, 
or its prospects of ultimate success, that gives to us the right to 
assert our neiitrality as between these belligerents. 

If open war exists in Cuba, we can not afford to call it peace. 
As it is a v/ar for the liberty of nearly 3,000,000 people, we are not 
unjust or inimical to Spain if our sympathies go out to the Cubans 
who put their existence in the scale, finding that life is intolerable 
tinder Spanish persecution. 

It is not the location of the civil government, it is not its capac- 
ity to command the allegiance, the support, or the obedience of 
the people outside of the domain of its military command, but 
Inside that territory, that fixes its right to recognition as a bellig- 
erent power. A de facto civil government, having power to com- 
mand obedience to its decrees, v^^ithin its military command, 
whether that power is civil or military, is a government that can 
conduct lawful warfare under the laws of nations. It needs no 
capital or seaport or garrisoned fortresses to prove its right to 
fight for the liberties of its supporters. 

We did not hold jDermanently a single seaport during our yvrv 
for independence, and our Congress, like a hunted hare, had its 
seat wherever it found temporary shelter. 

The next open appearance of the Spanish minister, as he seems 
to be working a crusade for political influence and power against 
the Congress of the United States, is his appeal from an indulgent 
Congress, acting within the limits of its duty and without injus- 
tice to Spain, over its head to the people of the United States. 

When the people of the United S ates, who are our constitu- 
ents, impeach us and become oiir judges on the demand of a super- 
cilious foreign minister, it will be high time for the Senate and 
the House to close their doors and go into retirement, for then it 
will become true, as it never has yet been true in America, that a 
foreign representative of a monarchy can call in question the 
House and the Senate, and members of the House and members 
of the Senate, for words uttered in debate on these floors, against 
which our Constitution protects us. 

Before proceeding to discuss this matter, I will first ask the Sec- 
retary to read that appeal and the ansv/er of the agent of the Cuban 
Republic to it, and I will then remark upon both papers as coming 
from men vv^ho are equally reliable. I can not assume v/hen deal- 
ing with Spaniards who speak unofficially that the office they may 
hold enhances their authority or that a Cuban is not entitled to 
credit because his credentials are not signed with the royal signet 
of Spain. I will ask the Secretary to read from the remarks of 
the Senator from Maine [Mr. Hale], which I will send to the 



116 

desk, what the Spanish minister had to say in his celebrated dia- 
tribe against the Senate and against Senators particularlj'', com- 
mencing on page 2941 of the Congressional Eecokd. 
The Secretary read as follows: 

Senator Sherman', in the sitting of February S8, quoted freely, among other 
things, from an article published in a New York morning paper of Sunday^ 
February 83. He said, giving in very strong language his opinion of the pres- 
ent commander-in-chief of the Spanish army in Cuba, the following: "A booli 
was published in Spanish, which I am very sorry I can not get from the 
library, written by a Spaniard by the name of Enrique Donderio, 'who came 
over from Spain with the Spanish troops to see the war of 1873, and v^?ho was 
so horror-stricken with the high crimes that he saw committed that he flew 
to the United States and there published his manuscript. Telling is this evi- 
dence, and it shows General Weyler," etc. 

I have made an investigation about that book, and I have found that the 
name of the author is not Enrique Donderio, as originally printed, but Enriqiio 
Donderis. For this reason probably the Senator was unable to find the book 
in the Congressional Library. Should he have found it, he would have seen 
that in the book, which is a small pamphlet of 43 pages, not a single time the 
name of General Weyler is mentioned. 

I have carefully read, and have had the pamphlet read by other persons, and 
I see in it that many horrors are described atbributed both to the Spaniards 
and to the rebels, but in it, as I said before, and as I most emphatically affirm 
again, the name of General Weyler is not mentioned one single time. I have 
the book at the disposal of anybody who would like to controvert my state- 
ment. 

I have been told that that person, Enrique Donderis, was a Spanish officer 
who fought in Spain against the Government, and was sent to Cuba. He 
fought there in the Spanish side, then deserted, and afterwards fought in the 
rebel ranks. But, although this fact has been stated by a Cuban sympathizer, 
it can not be vouched by rae, and it is of no consequence. 

What is important is that the honorable Senator from Ohio said in good 
faith that all the crimes that he related were attribiited by Spanish authori- 
ties to General Weyler, and that his good faith has been imposed upon. Gen- 
eral Weyler went to Cuba as a lieutenant-colonel in 1869, and returned to 
Spain as a brigadier-general in 1873. A part of the campaign he held the posi- 
tion of staff officer, he being one of the general staff, and some time later he 
held the position of colonel of a regiment of volunteers, which was made up 
and paid by the merchants of Habana. He defended the town of Holguin, 
being commander-general of that jurisdiction, but he has never had in Cuba 
other position than that of a subordinate officer. 

In my investigations I have read many pamphlets written by Cubans during 
the war from 1868 to 1S78, vfith all the natural bias when a contest is stand- 
ing, and have failed to see the name of General Weyler recorded as responsi- 
ble for the horrors that now, when he is at the head of the army against the 
rebels, are attributed to him. 

MR. MORGAN AND HIS AUTHORITY. 

Senator Morgan, in the sitting of February 34, said that, according to offi- 
cial reports forwarded from Madrid by the United States minister, "13,600 
Cubans had been killed in battle up to August, 1873, besides 43,500 prisoners, 
whom the Spanish minister admitted to have been put to death." 

Senator Morgan said that his authority was the American Cyclopedia. A 
friend of mine addressed Mes.srs. D. Appleton & Co., publishers of the cyclo- 
pedia, inquiring as to the authority of the book quoted by Senator Morgan. 
In reply to his inquiry, Mr. Rossiter Johnson, associate editor of the Ameri- 
can Cyclopedia, says that the article was written by Mr. Antonio Bachillery 
Morales, a Cuban, who was a decided and partial enemy of Spain, and that he 
presumes that it will be easy to get access to the official reports in the De- 
partment of State at Washington. I have accepted the advice, and in the 
State Department the following answer has been given me: "The minister 
of the United States to Spain, on the date of August 16, 1873, quoted from the 
Imparcial, described as a semiofficial journal of Madrid, of which the colony 
minister was the director until he entered the present ca.binet, the following: 
'From the beginning of the hostilities in Cuba 13,600 insurgents have been 
killed in battle, and 48,500 taken prisoners,' the minister adds, ' as it is believed 
that all prisoners of war taken are shot or garroted.' " 

It is pla,in that the American minister, who was General Sickles, read the 
statement in a paper. The paper (El Imparcial) was owned by a cabinet 
minister (Senor Casset y Artime). General Sickles said, in a general way, 
that it was believed that the prisoners were all shot or garroted. Of course, 
that is not true; that simply is a belief, an opinion. From the expression of 
a belief an official report is made: from the statement in a newspaper that 
the prisoners were taken the conclusion that they were executed is derived, 
and because the Imparcial was the property of a minister of the cabinet the 

mi 



117 

assertion is advanced that a cabinet officer admitted that they liad been pnt 
to death. Tha,t has been said in the United States Senate and indorsed by a 
vote of that high body. 

ME. LODGE AND A GARBLED INTERVIEW. 

Senator Cabot Lodge, in a speech made on the 25th of February, quoted 
from the Liberal, of Madrid, an interview sent by telegraph from Cadiz in 
the moment in vfhich General Weyler embarked for Cuba. The translation 
which has been given to the Senator from Massachusetts is a fraud. My 
attention was called to it by a telegram from Mr. Taltavull, correspondent in 
the United States of the Liberal, from Madrid, and a former member of the 
Cortes. This distinguished gentleman wired to me: " General Weyler never 
said, in any interview or conversation published in the Liberal, that he would 
exterminate the filibusters. What he said was that he would clean out the 
western provinces of Cuba of filibusters, and that he would exterminate the 
small bands of bandits." I have now before me the text of that interview. 
I will not stop to discuss the historical importance of a nonauthorized inter- 
view. But, even taking as granted that General Weyler said what is printed, 
the words that the person who has furnished documents to Senator Cabot 
Lodge have made him pronounce are not exact. The exact translation 
of what General Weyler said is: "On my arrival to Cuba I propose in the 
first ijlace to clean out of filibusters the provinces of Habana. Pinar del Sio, 
and Las Villas; be it well understood that I refer for the moment to the large 
bands v/hich have invaded them. Then will remain the small bands of ban- 
dits, which 1 will exterminate gradually." 

Nobody can believe that General Weyler in the word " exterminate " meant 
to put to death; but even if that sense is applied to his words, it is necessary 
to understand what those bands of bandits in Cuba are and have been. I 
would like to know the opinion that the American planters, respectable, law- 
abiding citizens, who are working for their own interests and for the pros- 
perity of Cuba, have in that respect; what would be done in this country 
with the people who have been kidnaping and blackmailing the honest toil- 
ers living out in the country. 'What treatment do they think deserve people 
like Manuel Garcia, Mirabal, Matagas, Perico Delgado, and others? The 
paper to which I refer is at the dispcsition of the Senator from Massachu- 
setts, and of anybody who wants to see it. 

CRUELTIES OE WAR. 

I can not understand how all rules of war that have been given by all civi- 
lized nations are so criminal, so cruel, and so tyrannical v/hen they are applied 
to Ciiba. I have before my eyes a summary of charges of inhumanity in con- 
nection with the war of the rebellion in the United States to both sides, taken 
from American history. I am sure that many of them are false, most of 
them exaggerated, some necessary, and others unavoidable. But, taking only 
as an illustration and for the sake of argument what I see in that list, I can 
not understand how people who are familiar with those necessary evils of 
war have been able to use such harsh, unjust, and offensive language against 
Spain. 

Mr. Hale. The Secretary may read the extracts which are cited there from 
contemporaneous literature about the struggle in America, which show how 
unreliable these are. 

The Vice-President. The Secretary will read as indicated. 

The Secretary read as follows: 

"In an English paper of those daj's I read the following opinion of the 
American civil war: 'Stripped of its trappings, it is a mere quarrel for ter- 
ritory. The antagonists are acting like Delawares and Pawnees. V/ar to 
the knifo, pushed to absolute extermination, is what they, have resolved on, 
and people breathe a language of massacre and extermination.' 

" Thischarge was no more .iustifled than the charges which are brought 
now against Spain. I said nothing when that language was used in the press, 
but I believe it is my duty, although against the conventionalities of my po- 
sition, to appeal, as I have said, to the honest common sense of the American 
people when those words are uttered from the Capitol of th« United States. 

" Nothing is now done in Cuba that has not been done and has not been 
deemed necessary in other countries v/hen at war. It would be possible and 
easy for me to quote many facts not different from those which now arouse 
public sentiment against Spain. I will only ask persons wanting an impar- 
tial and honest opinion to read v/hat the commanders-in-chief of the Ameri- 
can armies on both sides and what those of the armies of France and Germany 
have deemed necessary for the protection of their soldiers and the carrying 
out of the war. 

"General Weyler has, in my opinion, been grossly traduced. I.shouldaddl 
feel confident that it is owing to misinformation, to an erroneous prejudice, 
to systematic attacks on him personally by interested enemies, that the peo- 
ple of the United States and their public representatives have formed a nion- ^ 
2777 



118 

stronsly; erroneous opinion about the governor-general. Tlie question of 
loyal politics does not enter into the subject. Ko matter whether a man is an 
ultra-Spanish Monarchist, a Liberal, a Home Euler, or a Separatist rebel, 
there is no occasion to speak untruly about an individual who is in opposition 
to hi.s views. 

" Campos spoke liindly of Gomez personally, and I have yet to hear that 
General Weyler does otherwise. I see that the American newspapers pub- 
lish charges that prisoners are ill treated and killed by summary execution. 
Here again is an incorrect representation of facts. I have been striving for 
autonomy for many years. I have ardently labored in the Cortes to secure 
all possible reforms and benefits that could ameliorate the condition of Cuba. 
I love my country,'.Cuba, and I will do all in my power to advance her inter- 
est. When I speak as I do I think I do so disinterestedly and fairly. 

"I am astonished to perceive how unacquainted with the true conditions 
are the public men in Washington. When Cuba lies so close to the borders 
of the United States it would be supposed a much wider intelligence con- 
cerning the internal affairs of the island would exist. If the book said to 
have been quoted in Congress against General Woyler was by Enrique Don- 
deris, I never heard of its author. I fancy it is a nom do plume. 

"WILLIAM SHAW BOWEN." 

Mr. MOEGAN. Mr. PresideBt, the surprise of the Spanish 
minister that we get no better information from Cuba would cer- 
tainly indicate that he knew that the channels of information v/ere 
all open; when, on the contrary, there is a strict, rigid censorship 
on the cable between the island and the American coast; and I 
was informed yesterday by a Catholic priest, who knows loerfectly 
well Cuba and Spain, that the mails between Cuba ana the United 
States are constantly opened and their contents examined. He is 
a gentleman of veracity, and evidently of impartiality, because he 
was very strict in his expressions and careful not to offend either 
against Cuba or against Spain. 

Yie know perfectly well that the information that comes to the 
United States from Cuba is doctored when it comes on the tele- 
graph lines unless it happens to be favorable to the Spanish cause. 
We find, however, that the Spanish Government has access over 
the cable lines that run through Europe and across the Atlantic 
Ocean to the bosom of the Senate here for the purpose of inform- 
ing Senators as to all that relates^to the opinions, the decrees, the 
judgments, the forecasts, the prognostics, and the sentiments of 
the Spanish Crown as expressed through its premier. One side 
of this question seems to have full access to all the information 
that is favorable, while it is entirely shut off from the other side. 
The Committee on Foreign Relations have felt this embarrassment 
very much as the p>eople of the United States have, and they have 
been compelled to rely upon that suspected source of information, 
which, after all, when it is sifted out, is the best and truest source 
of information — the American press. 

The minister from Spain, however, did not have any difficulty 
in ascertaining what I had said in debate in the Senate, for the 
Record discloses exactly what I did say ,_ and it was very pre- 
sumptuous on his part to misquote me as 1 was reported in that 
Eecoed and to undertake to palm that off — a false quotation — on 
the people of the United States as being true. I must say that I 
have little respect for a minister or any gentleman who will mis- 
quote a Senator on this floor when he has the Record before his 
eyes and evidently was making up his statement from that Record. 

In answer to this arraignment of myself, along with my col- 
leagues on the committee, the Senator from Ohio [Mr. Shersian] 
and the junior Senator from Massachusetts [Mr. Lodge] , before 
the bar of the American people, by the Spanish minister, I will 
take occasion to answer what he says as to the misquotation, or 
as to the affirmation which he says I made, by reading from the 



119 

Record extracts to fullj^ display tlie context of wliat I said on 
that subject. 

The question was asked me by the Senator from Maine [Mr. 
Fbye]:' 

Has the Captain-General ever loeen a Cuban? 

I said: 

Oh, no; that was never within the contemplation of the Government of 
Spain, so far as I have ever heard. 

I do not know ^vhether I am accurate about that or not, but I 
think I am. I had stated, as follows, a part of Spanish history in 
Cuba: 

In 1851 iif ty men of the Lopez expedition vrere shot in Habana. These are not 
referred to by General Grant except in general terms. In 1854 Pinto and his 
associates to the n^^mber of 100 men were shot or deported. Then followed 
the ten years' war from 1867 to 1878, during the progress of which these enor- 
mities occurred to which General Grant refers. Spain had more than 90,000 
troops in the field in that war. In 1869 the Spanish troops committed atroci- 
ties that shocked the civilized world in the wholesale slaiighter of men, wo- 
men, and children in Habana at the Villa Nueva Theater, at the Louvre, and 
in the sacking of the house of Aldama. 

The number of these cruelties is almost beyond comprehension, and the 
loss of life is appalling. Spain marched into the war 80,000 troops and brought 
oiit 13,000. It is stated — 

Here is the particular part of it — 

It is stated on high authority that — 

Now, quoting from the book — 

according to official reports forwarded from Madrid by the United States 
minister, 13,600 Cubans had been killed in battle up to August, 1373, besides 
43,500 prisoners whom the Spanish minister admitted to have been put to 
death. 

Then I say: 

I confess that when I came across that statement in an authentic history to 
which we give credit I read it over and over to ascertain whether it could 
have been possible that such a multitude of humanity had been slaughtered 
within GO miles of the coast of the United States dtiring that ten years' war; 
and I inquired of myself. What has Christianity been doing in the world if in 
this age, the nineteenth century, it has been possible that such things could be 
done in an island like Cuba, and that this great and free Republic could stand 
Indifferently by, knowing the facts, and not tinsheath its sword and strike 
the brutal monarch to death who inflicted them? 

Then the junior Senator from Maine addressed the following 
question to me: 

Mr. Feye. I failed to catch the name of the authority for the wonderful, 
the horrible statement which the Senator from Alabama has just made in 
relation to the slaughter of prisoners to the number of over 40,000. 

Mr. MOKGAN. I am sorry that for the moment I can not recall his name. 
I will hand it to the Senator. 

Mr. Frye. It is from history? 

Mr. Morgan. Yes; deliberately written, and written by a Spaniard. 

The point is made there that he was a Cuban, but I suppose he 

is a Spaniard notwithstanding he is a Cuban, and his name shows 

that he is a Spaniard- 
Mr. Frye. Does the Senator credit it? 
Mr. Morgan. For a long time I hesitated to credit it, but I had to credit it 

or else deny the evidence of a deliberate statement made by^ a historian in a, 

book of universal acceptance, one of reliable authority. 

Mr. Gray. Will the Senator from Alabama state the name of the historian 

or the book? 

Mr. Morgan. It is the American Encyclopedia, under the title of Cuba. 

Then the Senator from Florida [Mr. Call] interposed to read an 
extract fronr a newspaper, for which, of course, I had no responsi- 
bility, but which, I have no doubt, presented an exact statement 
of facts. 

2777 



120 

The country will see, ^rhen what I have read from the Record 
appears, together with the Spanish minister's arraignment of me, 
that he has misquoted that Eecord and has put me as stating 
that it had been officially communicated to the Government of 
the United States that 43,590 prisoners had been shot by the Span- 
ish Government in August, 187S. The Spanish minister, in cast- 
ing his eye over all of the statement I made, could find no error 
in it, except as to the question whether I had stated that this state- 
ment had been made as an official communication to the United 
States Government. He does not deny the fact that here was 
the series of bloody murders v/hich I referred to— the statement 
of them spread before his eyes — and he does not deny any of 
them, but quibbles, in his arraignment of me, upon the point 
whether I had asserted that that vs^as an official document or an 
official report. Why did he not, when he was vindicating his 
country and arraigning me, come out and deny what i put upon 
that Record, and_ which he has not denied and can not deny in the 
light of truth? l^o, sir; the facts stand confessed against Spain 
through the lips of her own minister, because, having full oppor- 
tunity to make denial, he evades it and leaves it unanswered and 
tries to force a controversy with me upon a misauotation of the 
Record of this body. 

I should leave that subject just there, but I think that in justice 
to General Sickles 1 ought to call the attention of the Senate, if 
I have the docimient here— I supposed I had it, but can not at the 
moment lay my hands on it, and I shall cite it at some other time. 
It is a letter written by General Sickles on that occasion to Ms 
Government, in which he made the statement, not affirming that 
the 43,500 people had been actually slain, but giving the evidence 
upon which the statement was made, it being drawn from a news- 
paper that was then owned and conducted by a member of the 
imperial cabinet. _I reg-ret that the paper has been mislaid for the 
moment, because i wanted to give General Sickles the benefit of 
the full statement of all he said, and I shall place it in the Record 
later. 

Mr. President, that letter of the Spanish minister found its way 
into the newspapers upon an alleged right of his to go into the 
public prints, provided he did not sign his official name to his 
communication, and .arraign the Senate for words uttered in 
debate here. Some Senators have thought that it was a light 
matter that he should do this, and some have brought his accusa- 
tions into the Senate with a spirit almost of hilarity, and have 
repeated them here upon his authority against Senators. I take 
occasion here totally to dissent from any opinion expressed, it 
makes no difference by whom, to the effect that a foreign minister 
in this country has the right to resort to the press for the purpose 
of affecting any measure or matter which is then pending before 
the Houses of Congress, or has been recently pending, or in regard 
to^any policy of the United States which "he may consider to be 
offensive or injurious to his country. I may be considered a little 
old-fashioned in referring to authorities which have been some 
tim.e forgotten, at least by members of this body, upon a question 
like that. 

_ ISTevertheless, I think it is well worth our while on this occa- 
sion, when this flagrant abuse of our privileges has been entered 
upon, that we should record our opinions upon this question even 
a,t the expense of a little public time, for it certainly is time that 
the diplomatic affairs of this country were withdrawn from pub- 
2777 



121 

lie tinkering and tampering by foreign ministers in tlie newspa- 
pers, and that they were confined to official statements between 
the Governments concerned. If the Senate is to be continually 
put in an uproar and confusion by telegrams coming from the 
premier of the Spanish Government to some newspaper editor in 
the United States, to be read here as authoritative statements of 
the attitude of Spain in regard to this question and of its feelings 
and purposes, then, sir, we had as well dismiss our Secretary of 
State, disband the whole of the State Department, and rely upon 
these men who have acquired eminence in one way and another 
in nev^'spaperdom for the knowledge of what is transpiring in for- 
eign governments with reference to our affairs and official infor- 
mation as to the designs and purposes of foreign governments 
toward the United States. 

A country that addresses the American people on diplomatic 
questions or situations through the newspaper press so far vio- 
lates all recognized rules of courtesy as to forfeit its right to any 
representation at this capital. Whether it is Congi-ess, or either 
of the Houses, or the members thereof that is criticised by a for- 
eign government, or whether it is the President or the Supreme 
Court tliat is assailed for official conduct, the offense is the same, 
and is inexcusable. 

I will remark here that so far as my privileges as a Senator are 
concerned they are, equally with those of my colleagues on this 
floor and the members of the House of Eepresentatives, very 
sacredly guarded by the Constitution of the United States. We 
have the right here, in the presence and under the eye of Almighty 
God, to state anything that we think it proper to state relating to 
matters pending in Congress, and the Constitution of the United 
States gives us a guaranty that we shall not be called in question 
for it in any other i3lace. If I, in my place, were to make a state- 
ment about a citizen of the United States who has some supposed 
or actual connection with public affairs which would calumniate 
him, and which v/ould be actionable or indictable for libel if ut- 
tered by a private person, the Constitution of the United States, 
in deference to the exalted position which my State has conferred 
upon me and the oath which I have taken, protects nie and would 
stand as a shield between me and that citizen, and would give to 
me free liberty of speech, under my ov/n control, under my ov/n 
judgment, subject only to the ruling of the Senate as to whether 
it was appropriate a,nd whether it v/as in order. 

Mr. GRAY. The citizen's freedom of speech would not be cur- 
tailed. 

Mr. MORGAN. The citizen's freedom of speech vrould not be 
curtailed, I very freely grant you, but the minister from Spain is 
not a citizen; and he is protected by the law of nations against any 
suit or proceeding on my part to hold him accountable for any 
calumny he may utter against me as a Senator or as a man. There 
the rule comes in that seals his mouth in respect of all communi- 
cations and all utterances that affect the affairs of the Govern- 
m.ent of the United States, or that call in question the statements 
of any Senator made on this floor in regard to him or his Govern- 
ment. 

The law of nations forbids a Senator or a member of the House 
of Representatives, and equally forbids any citizen of the United 
States, from bringing an action or a criminal proceeding against 
a foreign minister who is enjoying our hospitality, it makes no 
difference how outrageous his action may have been, if it is not 
2777 



122 

dangerous to the public peace. He can stand here, if he chooses 
to do it, and fulminate libelous accusations against members of 
the Senate or either of these bodies, and he will go entirely free 
and unwhipped of justice, unless the President of the United 
States sees proper to dismiss him and send him back to his coun- 
try. There is where he has that advantage. He enjoys a hospi- 
tality in the United States that is absolutely sacred so far as his 
protection is concerned, and •while he does that he makes accusa- 
tions against Senators connected with the conduct of affairs in 
which his Government has a vital interest, and he does it under 
circumstances which disable us from doing anything else except 
to take this floor and vindicate and defend ourselves against his 
accusations. Perfectly ensconced in the provisions of interna- 
tional lav/, which j^rotect him against liability in our courts, he 
violates that law of our own Constitution.which throvv^s around us 
the tegis of its protection and declares that Ave are not responsible 
elsewhere for words uttered in debate. 

Now, let us see whether or not that agrees v/ith the teachings of 
our fathers upon this question. I will first read the minutes of a 
conversation between Mr. Jefferson, Secretary of State, and M. 
Genet, on July 10, 1793. First Genet asks Jefferson a question, to 
which he replied as foUov/s: 

-.:= * =:: jjq asked if thsy (Congress) were not the sovereign. I told him 
no, they vrere sovereign in making laws only, the Esecutive was sovereign in 
executing them, and the judiciary in construing them where they related to 
their deppa'tment. "But," said he, "at least Congress are iDOund to see that 
the treaties are observed." i told him no, there were very few cases indeed, 
arising out of treaties, which the3^ could take notice of; that the President is 
to see that treaties are observed. " If he decides against the treaty, to whom 
is a nation to appeal? " I told him the Constitution had made the President 
the last appeal. He made me a bow and said that indeed he would not make 
me his compliments on such a Constitution, expressed the utmost astonish- 
ment at it, and seemed never before to have had such an idea. 

Mr. Jefferson jproceeds: 

He was now come into perfect good humor and coolness, in which state he 
may with the greatest freedom be spoken with. lobserved to him the impro- 
priety of his conduct in persevering in measures contrary to the will of the 
Government, and that, too, within its limits, wherein unquestionably they 
had a right to be obeyed. "But," said he, "I have a right to expound the 
treaty on our side." "Certainly," said I, "each party has an equal right to 
expound their treaties. You, as the agent of your nation, have a right to 
bring forward your exposition, to support it by reasons, to insist on it, to ba 
answered with the reasons for our exposition where it is contrary; but when, 
after hearing and considering your reasons, the highest authority in the 
nation has decided, it is your duty to say you think the decision wrong, that 
you can not take upon yourself to admit it, and will represent it to your Gov- 
ernment to do as they think proper; but in the meantime you ought to 
acquiesce in ifc, and to do nothing within our limits contrary to it." 

I will presently call attention to a further declaration of Mr. 
Jefferson upon that subject, for I think the extract I have been 
reading is not the full statement of his entire views upon that oc- 
casion or upon some other, in which he was in conversation with 
M. Genet. Mr. Jefferson again said to the same person, Novem- 
ber 22, 1793: 

He (the President) being the only channel of communication between the 
country and foreign nations, it is from him alone that foreign nations or their 
agents are to learn what is or has been the will of the nation, and whatever 
lie communicates as such they have a right and are bound to consider^as the 
exprc " " " " " ' ' " " " - -■• ^ '- '- 

(nor 
pret 
umpire and final judge between them. 

S777 



123 

Again, Mr. Jefferson, in a letter to M. Genet, dated December 
31, 1793, writes as follows: 

Philadelphia, December SI, 1793. 
To M. Genet. 

Sib : I have laid, before tlie President of the United States yonr letter of the 
20th instant, accompanying translations of the instructions given you by the 
Executive Council of France to be distributed among the members of Con- 
gress, desiring that the President will lay them officially before both Houses, 
and proposing to transmit successively other papers to be laid before them 
in like manner, and i have it in charge to observe that your functions as the 
missionary of a foreign nation here are confined to the transactions of the 
affairs of your nation with the Esecutive of the United States, that the com- 
munications which are to pass between the esecutive and legislative branches 
can not be a subject for your interference, and that the President must be 
left to judge for himself what matters his duty or the public good may re- 
quire him to propose to the deliberations of Congress, 

Mr. Randolph, Secretary of State, said to Mr. Fanchet, June 13, 
1T95: 

A foreign minister has a right to remonstrate with the Executive to whom 
he is accredited upon any of those measures affecting his country. But it 
will ever be denied as a right of a foreign minister that he should endeavor, 
by an address to the people, oral or written, to forestall a depending measure, 
or to defeat one which has been decided. 

Here is a case wliicli is a little closer, perhaps, in its application 
to the facts in this case than those that I have been quoting. It is 
in a letter of Mr. Livingston, Secretary of State, to Mr. Buchanan, 
on the 2d of January, 1883, in which he says: 

Even though the Globe, as published during the Administration of Presi- 
dent Jackson, should be regarded as a Government paper, the Government 
" is and can be, from the nature of oar institutions, only answerable for official 
articles; on all th-e rest the Globe is as independent of the Executive as any 
other gazette." Hence, the Government, as such, can not be properly called 
on by Russia to explain the insertion of articles in the Globe injurious to Rus- 
sia in relation to Poland, or the publication of what Russia may consider inac- 
curate and unjust report from France or England of Russian affairs. 

That was a correspondence directly between our Government 
and the Russian minister. Then, again, Mr. Forsyth, in a letter 
to Mr. Livingston, March 5, 1835, after mailing some discussions of 
some preliminary matter, says this: 

As one of its branches, the Chief Magistrate, in his messages, commits the 
Government to foreign nations no raore than the two Houses of Congress 
can by their separate action, and it would be a most extraordinary move- 
ment of the foreign power to discuss the resolutions of either House of Con- 
gi-ess. or of both, ix passed by less than two-thirds, and not approved by the 
President, as if those resolutions were causes of complauit aga,inst the United 
States, to be subjects of discussion with the Esecutive. The President cor- 
responds with foreign governments, through their diplomatic agents, as the 
organ of the nation. As such he speaks [for the nation, in his messages to 
Congress he speaks only for the Executive to the Legislature. He recom- 
mends, and his recommendations are powerless unless followed by legisla- 
tive action. ISTo discussion of them can be permitted. All allusions to them, 
made with a design to mark an anticipated or actual difference of opinion 
between the Esecutive and Legislature, are indelicate in themselves, and if 
made to prejudice public opinion, will immediately recoil upon those who 
are so indiscreet as to indulge thein. If they contain anything injurious to 
foreign nations, the means of seK- justification are in their own power with- 
out interposing between the different branches of this Government — an inter- 
position which can never be made, even by those who do not comprehend the 
true character of the Government and the people of the United States, with- 
out forfeiting the respect of both. 

Again, he says; 

VTere any f oreignpowers permitted to scan the communications of the Ex- 
ecutive, their cornplaints, whether real or affected, would involve the coun- 
try in contimial controversies; for, the right being acknowledged, it would 
be a duty to exercise it by demanding a disavowal of every phrase they might 
deem offensive, and an explanation of every word to which an improper in- 
terpretation could be given. The principle, therefore, has been adopte'd, that 
no foreign power has a right to ask for explanations of anything that ths 
2777 



124: 

President, in the exercise of Ms functions, thinks proper to communicate to 
Congress, or of any course ho may advise them to pursue. This rule is not 
applicable to the Government of the United States alone, but, in common with 
it, to all those in which the constitutional powers are distributed into differ- 
ent branches. No such nation, desirous of avoiding foreign influence or for- 
eign interference in its councils— no such nation possessing a due sense of its 
dignity and independence, can long submit to the consequences of this inter- 
ference. * * * If the principle is correct, every communication which the 
President makes in relation to our foreign affairs, either to the Congress or 
to the public, ought in prudence to be previously submitted to those minis- 
ters, in order to avoid disputes and troublesome and humilia.ting explanations. 

Then Mr. Buchanan, while Secretary of State, in a letter to Mr. 
Kosa in 1845, says: 

Communications of the President to Congress and the debates of Congress 
are domestic matters, concerning which this Department will not entertain 
the criticisms or answer the questions of foreign sovereigns. 

Would that we had somebody here now vfho had a just concep- 
tion of the constitutional rights of the different depa,rtments of 
this Government, 

There are varioiis authorities following in the same line, but I 
shall not detain tlie Senate by reading them. I will cite, however, 
Mr. Lawrence's Wheaton, edition of 1863, page 385, for the informa- 
tion of any gentlemen who may desire to prosecute the study of 
this qiTestion further. 

Mr. Webster, Secretary of State, said to Mr. Hlilsemann: 

The President's communications to Congress are matters of domestic con- 
cern which are not within the range of the official notice of foreign sover- 
eigns. 

Then Mr. Marcy says: 

The President's annual message is a communication from the Executive 
to the legislative branch of the Government; an internal transaction, with 
which it is not deemed proper or respectful for foreign powers or their rep- 
resentatives to interfere, or even to resort to it as the basis of a diplomatic 
correspondence. It is not a document addressed to foreign governments. 

Mr. Seward, on the 2d of January, 1868, said: 

It is neither convenient nor customary with the executive-department to 
discuss or give explanations concerning the expressions of opinions which are 
made in incidental debates and resolutions from time to time in either or 
both of the legislative bodies, at least until they assume the practical form 
of law. When they assume that form , they are constitutionally submitted to 
the President for his consideration, and he is not only entitled, but he is 
obliged to announce his concurrence or nonconcurrence with the will of the 
Legislature. 

It would not be becoming for me to entertain correspondence with a foreign 
state concerning incidental debates and resolutions in regard to the treaty 
for the two Danish islands while it is undergoing constitutional consideration 
in the Senate and in Congress. 

Mr. Fish, in 1878, said: 

Correspondence by a foreign minister with the press in this country on .sub- 
jects connected with his mission, such correspondence involving an appeal to 
the people on diplomatic issues, is ground for his dismissal. 

A case could scarcely be more perfectly in point than that 
which falls within the denunciation of that great Secretary, Ivir. 
Fish. I have not asked any dismissal of this minister; I do not 
expect to do so, and I regret this serious breach of privilege on 
his part. Let him stay if he wants to, or if his Government is 
satisfied. But I have a right as a member of this House to claim 
the protection of the Constitution of my country against any 
attack that may be made upon my vote or my speeches on this 
floor by one who holds a commission as a minister from a foreign 
government, and who, under that commission, enjoys our hospi- 
talities and is protected against any liability to legal redress. 
U'ader the eye and in the presence of the American people, as an 



125 

American Senator, I feel perfectly protected against those assatilts, 
and I am quite sure the Senator from Ohio [Mr. Sherman] and 
the junior Senator from Massachusetts [Mr. Lodge] feel in like 
manner protected against them. 

Attorney-General hee has given us a proper view of this ques- 
tion, and I will read what he says. It is an opinion delivered at 
a time when the United States v/as a weak infant as compared 
with its present strength, but in the hearts of those great and 
noble men who won the liberties of these people and established 
this Republic upon eternal foundations there was a regard for 
national honor and duty and a protection of the different depart- 
ments of this Government which, I am sorry to say, has disap- 
peared, if the expression of some Senators and their conduct in 
bringing in the Spanish minister's accusation against us as an 
arraignment is to be the criterion. This letter is addressed to the 
Secretary of State, and is in response, doubtless, to a demand from 
the Secretary of State as to what was the state of the law upon a 
certain proposition. 

Philadejlphia, July 37, 1707. 
You ■will observe— 

He says— 

that my letter of tiiis date contains an answer to yours of the 24tli instant 
upon one cf tlie subjects which you submitted, to my consideration; and I 
shall now give my opinion on the other. 

The Chevalier de Yru jo, in sending a translation of his letter to you of the 
11th instant to Benjamin Franklin Bache and William Cobbett, and directing 
it to be printed, deviated from propriety. A foreign minister here is to cor- 
respond with the Secretary of State on matters which interest his nation, 
and ought not to be permitted to dc it through the press in our country. He 
has no authority to communicate his sentiments to the people of the United 
States by publications, either in manuscript or print, which he shall v^rite 
and circulate while resident among us; but his intercourse is to be with the 
Executive of the United States only, upon matters that concern his mission 
or trust. His conduct in this instance I deem a contempt of the G-overnment, 
for which he is reprehensible by the President. 

I can not discover that this letter is libelous on the Government or any 
public ofilicer, though it may be charged with a degree of indecency and in- 
solence. 

The publication of it by Mr. Bache first, and Mr. Cobbett afterwards, can 
not be considered as criminal, unless in the light of a contempt to the G ov- 
ernment of the United States, for they ought not to have joined the minister 
in the act. I am of opinion, therefore, that no prosecution of either of the 
editors can be maintained for a libel in this instance, and that no legal prose- 
cution of either of them is advisable. 

Why not? Why could it not be done? Because they had acted 
in concert with a foreign minister, and the law of nations pro- 
tected him against a suit for libel. 

Mr. President, 1 have gone into this subject for the purpose 
simply of giving the authority upon v,'hich I make the emphatic 
denunciation of any right of a Senator of this body to take the 
public prints of this country in which he finds accusations written 
and signed by a foreign minister which are in any way derogatory 
to any member of this body, or which in any M^ay might affect his 
vote or action upon any question, and repeat them, approvingly, 
to the Senate. I claim the privilege to deny this right as against 
my brother Senator, as well as against a foreign minister. Who- 
ever may trea,t the subject lightly, I can not do so, not becaiise I 
am wounded in spirit, for I have a perfect indifference to v,diat 
Mr. Dupuy de Lome may say about me and my conduct upon the 
floor of the Senate, but I have a regard for my privileges and 
rights and my duties and the honor of the position which I hold 
in the Senate, which I am not going to subordinate quietly and 
without a word of protest to any man who lives, and more espe- 



126 

cially to a foreign minister whose conntry is now being made the 
subject of serions examination in tbe councils of the Senate. 

Sir, we have brought no accusations like this at any time against 
any other country. The accusations of the kind that we have 
been forced to bring into this record were produced in justice to 
the history of the occasion and in justification of the attitude 
of the Senate committee in reporting this very mild resolution, 
expressing only our opinions. We had the right to resort to 
the history of Spain and Cuba, recorded in books of authority 
recognized on all sides, for the facts that have hitherto formed a 
part of their conduct in their dealings with each other. It was 
not expected of the committee, I hope, that they should write up 
the history of all that Spain has done and of all the blood she has 
shed since the times of the wars of Pizzaro and Cortez down 
through those of the Netherlands and through the civil turmoils 
that have agitated Spain from year to year during the whole of 
this century. It was not requisite that v/e should form a com- 
pendium of history v\men the facts are open to the access of every 
mind and the scrutiny of every eye, and bring it here to inform 
Senators as to v/hat the history of Spain has been, or that it has 
impressed upon her warfare in Cuba a type of ferocity which is 
utterly inconsistent with the civilized methods of conducting war 
in modern times. 

Mr. HALE. Before the Senator departs from his strictures 
upon the Spanish minister for the v,T.-iting of the letter which he 
has characterized in so strong terms, I call his attention to the 
statement which the chairman of the Committee on Foreign Rela- 
tions, the Senator from Ohio [Mr. Sherman] , made upon this sub- 
ject when he last addressed the Senate, showing that he, although 
chairman of the committee, has not this feeling about that com- 
munication which the distinguished Senator from Alabama has. 
For he says, if the Senator v/ill allov/ me to read three or foui' 
lines: 

As I said baf ore, I do not complain tliat tlie Spanish minister wrote his let- 
ter. I think he had a right to defend his country and his conntr ymeu whether 
here or anywhere, before the people or in the Department of State. I do not 
believe in the narrow idea that a man may not defend his Government and 
people anywhere wherever he goes and in any comm-anity. 

Mr. MORGAISr. The Senator from Maine is very apt in quoting 
the Senator from Ohio when he happens to make an expression, 
perhaps thoughtlessly or in the heat of debate, out of which he 
can get some possible comfort for the peculiar attitude that he 
holds toward us. But when it comes to following the Senator 
from Ohio in the facts that he states, that Senator is put upon ex- 
cruciating interrogatory all through the debate. When it comes 
to expressing differences of opinion upon qiiestions of law with 
the Senator from Ohio, the chairman of the committee, the Sena- 
tor from Maine experiences no difficulty in finding in the midst of 
his ovvm great researches of law a full and complete ans v/er, to his 
ovm satisfaction, to all that the Senator from Ohio had to say. 
When it comes to speaking of the presidency by the Senator from 
Ohio of the great Committee on Foreign Relations the Senator 
from Maine has no sort of compunction about insinuating, I V\^ill 
not say accusing, that the Senator from Ohio has been guilty of 
suppressing x^apers that ought to have come before the Senate in 
the course of the investigation of this case. 

Mr. HALE. The Senator i think will allov/ me 

Mr. MORG-AN. Wait until I get through my answer. 



127 

Mr. HALE. Very well. 

Mr. MORGAN. Vf hen the Senator from Maine is able to quote 
upon me an espression of tlie Senator from Oliio that he is indif- 
ferent to what the Spanish minister did, the Senator from Maine 
does it with great nnction. Btit the Senator from Ohio is no 
higher authority for me upon questions of my Senatorial rights 
and propriety than he is to the Senator from Maine upon questions 
of fact and his demeanor in office in connection with this business. 

I do not agree with the Senator from Ohio upon that subject, 
though I did not intend to tahe occasion to say so until I have been 
called in question and compelled to do it. 

Mr. HALE. I made the citation for the purpose of showing 
that the two eminent Senators do not agree upon this subject. 
But the Senator from Alabama must not charge that I insinuate, 
in any form or by any suggestion, that the Senator from Ohio has 
deliberately suppressed facts. I did not need to do that. There 
would have been no justification for it. I simply took the ground 
and, 1 think, showed pretty conclusively that the Senator from 
Ohio had been imposed upon, and that he had honestly and 
seriously and in good faith read from what he thought was good 
authority, but which, it was discovered afterwards, was no au- 
thority whatever. All that the Senator from Ohio said was that 
the paper that he read from, not the original authority, had Gen- 
eral Weyler's name in it. He did not claim or assert that the 
original book, which he thoiight he was representing;^ to us from 
the paper, contained anj^ allegation against General W eyler. 

I wish to say novf here that the Senator from Alabama has no 
right to use the words that he has used when he charged me VN^ith 
insinuating that the Senator from Ohio undertook to delude the 
Senate or to deceive it. I never thought of it; I never harbored 
that idea; and I was careful, very careful, sii", entirely to exclude 
it from what I said. 

Mr. MORGAN. Mr. President, the Senator from Maine called 
the Committee on Foreign Relations in question time and again, 
yesterday and previously, upon the proposition that a paper had 
been before the committee which they had not produced here and 
of v\'hich they had made no mention. He dwelt upon it as a cir- 
cumstance to convey the idea of a suspicious and clandestine move- 
ment on the part of the committee to keep from the Senate the 
possession of facts in regard to the ease of Spain, That is patent. 
The Senator, with an art which of course is creditable to his tact 
and talent, in his statement made a moment ago has evaded the 
question. He has tried to turn the issue between him and me upon 
the question v/hether or not an accusation was made against the 
Senator from Ohio in regard to his quotation from some Spanish 
book that he found. No, sir. My remarks were addressed to 
this proposition. 

The Senator from Mahie, as I understood him, distinctly at- 
temi^ted to cast reproach upon the Committee on Foreign Rela- 
tions because a pai^er came before the committee which had not 
been mentioned in debate, and which, as he characterized it at the 
time — I do not quote his words, but I have the idea — was inad- 
vertently brought into this debate by some remark of the junior 
Senator from Massachusetts [Mr. Lodge] . 

I do not care to wrangle about personal matters in this debate, 

so far as I am concerned, I have no feeling about the question 

between the Senate or Senators and the minister from Spain, but 

I want this business to stop. Senators time and again have been 

2777 



128 

arraigned on this same kind of appeal because of expressions and 
facts that they have stated here. Personally I have suffered 
egregioiisly in that matter, and I stood with mtite astonishment 
Tv^hen compelled to feel and to knov/ that I had a Government 
that "was entirely indifferent to my rights as a Senator. 

There is no man in the United States — there is no man in the 
■world^who can make an accusation against the President of the 
United States on this floor which treats him with injustice or can 
make a statement of fact which does him wrong without calling 
me to my feet for the purpose of vindicating that high represent- 
ative of the sovereignty of the American iDeople. And so the 
Department of State and the President of_ the United States owe 
it to Senators and Members of the other House, owe it to the leg- 
islative department as much as they owe it to the department of 
the judiciary, that when those who are enjoying the hospitality 
of tills country and have official connection with it make accusa- 
tions against us or criticisms of what we do or how we vote here, 
to call them to order and tell them that that thing mtist bo cor- 
rected or they must cease to enjoy our hospitality. When we 
place the government back upon the line of conduct such as I have 
read to-day from these eminent American statesmen and jurists, 
then V'fe v/ill have a government that we can respect and love, 
and until we do it vre will have a government that will receive 
only our silent, unspoken contempt. 

Now, having gone through with this matter, there is an ansv/er 
to what the minister from Spain has said, coming from an author- 
ity that is quite as respectable as his in point of personal charac- 
ter. I refer to the letter v/ritten by Mr. Quesada, which, I believe, 
is his name, who is the representative of the Cuban Government 
at this capital, and who when he had a case to make in favor of Cuba 
sent his communication to the Department of State. Although he 
had no ministerial or official recognition, the Secretary of State 
thought enough of it to communicate it to a committee of the Sen- 
ate, and it has now become one of the published documents of this 
controversy. Strip Mr. Dupuy de Lome of his royal commission 
and put him upon his Spanish blood and his Spanish character 
and his history, of which I know nothing— I do not even know the 
gentleman personally— and bring Mr. Quesada here upon his his- 
tory and his Spanish blood and his character, of which 1 know 
nothing, for I do not know the man — confront them as they are 
confronted through the newspapers, and let both speak. 

Sir, if the letter of the Spanish minister arraigning the Senate 
of the United States and a^Dpealing from this body to the people 
had not been introduced here by a member of this body, no one 
could ever have induced me to go to a newspaper to find Mr. 
Quesada's answer to it. But it has been invited and it must go 
into the Record, with the permission of the Senate. Will the 
Secretary please read the letter of Quesada? 

The VICE-PRESIDENT. The' Secretary v/ill read as indicated. 

The Secretary read as follows: 

niS REPLY TO DE LOME— HORRORS OE SPANISH WAREARE RECALLED BY A 
CUBAN— CRIME CHARGED TO GENERAL V/EYLER— SECRETARY GONZALO DE 
QUESADA, OE THE CUBAN DELEGATION, SAYS SENATORS SHERMAN, MOR- 
GAN, AND LODGE SPOKE THE TRUTH, AND THAT THEIR STATEMENTS CAN 
BE SUBSTANTIATED, DESPITE THE SPANISH MINISTER'S ASSERTIONS TO 
THE CONTRARY. 

Editor Post: 

Minister Dupuy de Lome, against all propriety and precedent, has turned 
from his unsuccessful work in diplomatic circles to the newspaper arena. 
The Cubans are glad to see him discuss this burning question of the revolution 

2777 



129 

in the public press, which, he has so often condemned, but we will not allow 
him to distort facts, as he has to his Government, if the reported cable be 
true in which he said that the President of this great countrjF had taken him 
into the confidence of the Administration and declared that during Mr. Cleve- 
land's term of oflice the Cubans woiild not be recognized as belligerents. 

Mr. Dupuy de Lome will And that we are prepared to meet him here, none 
the less, as our gallant armies in Cuba m.eet the thousands of unfortunate re- 
cruits who fight to maintain oppression and the power of Spain in the island 
which so liberally pays a Spanish minister in Washington to insult the land 
from which comes his salary. 

The newspapers of this country need no defenders. In every one of them 
the minister sees an enemy, becaiise he does not want the truth to be known. 
Why have the correspondents been denied entrance into the ranks of the 
Cubans? Why have they all had to leave the island? To-day an American 
reporter— Michelson— tells of his experiences in the Morro for trying to 
expose the fruits of Gen. Valeriano Weyler's recent brutal proclamations — " a 
massacre of u;iarmed, peaceful country people at the town of Guatao, a dozen 
miles from Habana, by Spanish volunteers," and describes the tortures to 
which Walter Grant Dygart, an innocent American, is subjected. 

Sylvester Seovell, another reporter, was thrown into jail as soon as he 
arrived in Cuba, and yet Dupuy de Lome cynically says that statesmen do 
not know the real situation in Cuba. 

HOHROHS OF 1S71 TlECALLED. 

Eut let us refute the minister's statements. The book of Donderis exists, 
and if the name of Weyler does not specifically occur it is because Valmaceda 
and other superiors of his take the credit for his atrocities. Will Minister 
Dupuy de Lomedeny that eight students were butchered in Habana in No- 
vember, 1871? Will he deny the assassination committed by Burriel in the 
Virginius affair, where Americans and Cubans were murdered and afterwards 
their piivate parts desecrated, as was done with the brave Crittenden and 
iais 50 Kentuckians, from whose skulls Spanish beasts drank Spanish wine?" 
Is the crime of the Mora family of the 6th of Ja,nuary , 1871, forgotten by Spain, 
when two of Cuba's most beautiful women and their children were violated? 

Mr. CHANDLER. I suggest that tlie reading of tlie remainder 
of the extract be omitted. The Senator from Alabama has no 
objection. 

ivlr. MORGAN. Lict it be inserted in the Eecoed, I am sorry 
to have it to do, Mr. President, but at the same time 

Mr. HALE. I should be verj' glad indeed to have it read. 

Mr. CHANDLER. If the Senator from Maine insists on having 
it read, all right. 

Mr, MORGAN. All right; let the Secretary go ahead. 

Mr. HALiE. I have read it myself. I should like to have it read, 
and I should like to have the v^hole tone of it regarded by Senators, 
so that it may be taken for what it is vv^orth. 

Mr. CHANDLER. The Senator from Alabama asks not to have 
it read, and the Senator from Maine insists on having it read. 

Mr. HALE. Yes;! should be very glad to have it read- 
Mr. MORGAN. I make no indorsement of the truth of what 
is stated in the i^aper. What I mean to say is that, so far as I 
knovv'' and believe, the author of this paper is qnite as good a char- 
acter as Mr. Dupuy de Lome. 

The VICE-PRESIDENT. The Secretary will continue the 
reading. 

The Secretary read as follows: 

Is the crime of the Mora family of the 6th of January, 1371, forgotten by 
Spain, when two of Cuba's most beautiful women and their children were 
violated, insulted, and burned alive to conceal the horrible crime? And did 
not Hamilton Fish, the Secretary of State of the United States, himself take 
cognizance of the barbarities committed by Spain's officers, among whom 
was Weyler? 

Can Mr. Dupuy de Lome deny this crime of Weyler committed under his 
command on the farm of Lavado, in the territory of Las Tunas? There are 
witnesses to this occurrence, and it is no excuse for Weyler to say that he 
only obeyed orders., or for De Lome to argue that he was a subordinate. 

Two young m.en, Eugenic and Lorenzo Odoardo, brothers, and relatives of 
Aguilera, the vice-president of the Cuban Eepublic, were sick on their farm. 
2777-9 



130 



They -were cared for by a lady, wlio was accompanied by lier daughter 8 ye 
old. The troops of Weyler surprised the place, captured the men and 



i years 

_ _^ ^ ^ .... id the 

woman and cfiild, and 'took them to the camp of Y^eyler. Weyler ordered 
the men to be killed with machetes in the presence of the lady. He formed 
the soldiers in a circle, placed in the center the poor woman and the child, 
despoiled the woman of her clothes, and, naked, forced her to dance by whip- 
ping her before the dminken and passionate soldiery. All the efforts of the 
Yirtuous woman to cover herself with the child were unavailing; the troops 
laughed and jeered; the unfortunate victim was given up to the lust of the 
troops; she died the nest day. Weyler was the executioner of the French 
family of Eigoteau, for which Spain had to pay a large indemnity. 

DIAIIY OF IGNACIO MOBA. 

Let Dxipuy de Lome read the diary of " Ignacio Mora," a copy of which is 
in my possession, dated the 27th of May, 1872, the very epoch in which V/eyler 
was in command of the Spanish forces m that province. "The details," he 
declares, "which the postillira, Juan Lorros, gives me of the operations of the 
enemy are horrible. They assault the families; they rob them. 

"They killed Mercedes Hernandez and the wife of Lieutenant-Colonel 
Sanchez. They also assassinated the children of that unfortunate woman. 
They committed other assassinations. On the 1st of June, 1873," he says in 
the Migial, "they killed Juana Gregoria Torres, after violating her, and her 
child, a few months old. The total number of murders committed in Canto 
from the 8th to the S8th of May was 38, of which 13 were women and 11 chil- 
dren. In Estancia Grande they killed 3 women and a child of 8 years." 

Yv^'eyler branded the Cuban women in the bosom, as If they were cattle. 
He killed the prisoners in the jails by suffocating them with charcoal. It 
was this man of whom Martinez Campos said once that if he came to Cuba 
the very dead would rise against Spain. 

The French papers of a year ago tell how he crushed anarchism in Barce- 
lona. Ho arrested bv wholesale innocents and suspects in the darkness of 
night. He tortured them most inhumanly. If Minister De Lome wants to 
know how, he can read the press of that time. I dare not repeat, for de- 
cency's sake, the toi-ments to which he submitted the prisoners. He gave 
them salt codfish as their only food and tantalized them by offering them 
water which he did not allow them to touch. He applied the inquisition. He 
killed 200 people, among them women and children. 

i have asked for the terrible exposure of his acts published in a Parisian 
paper, and when it comes I shall send a copy to the minister who defends the 
man who is to-day sending hundreds of man to Africa and the Isle of Pines, 
and who is, in fact, clearing the prisons by killing the captives. Of course 
Mr. De Lome would like names of persons v/ho have seen these horrors. They 
dare not speak. They know what happens to those who disobey the decrees 
of the autocrat; but the book of blood will ere long be published, similar to 
the one which was published in the last war, a copy of v/hich Minister De Lome 
can obtain in New York, and in which he vrill see the thousands of defense- 
less Cubans executed by his Government, by his nation, v/hich lost Italy by 
her crimes, the Low Countries by her murders, and the entire American 
Continent as a punishment for her extermination of the Indian, for her treach- 
ery and ingratitude to the native races. The data used by Senator Morgan 
"were from the official reports forwarded from Madrid by the United States 
minister," were revised by Mr. John D. Champlin, and are tacontrovertible, 
and as to the translation of Senator Lodge, in which the word " extermi- 
nate" is used for "clean out," there is no essential diffei'ence; it is a mere 
quibble of the casuistic mind of Philip II. 

PSOPERTY OE THE SLAIN. 

And as to the conduct of the war, when in the history of any civilized na- 
tion has the property of the slain gone to the general and officers of the vic- 
torious army? Gen. Jose Marti was killed at Don Rios; instead of his watch 
and valuables being given to his widow and only child, the watch was given 
to the minister of war in Spain, the ring was kept by an officer of the noble 
Spanish army, who took it from the dead hero's finger, and the rest of his 
things were distributed among the galla,nt representa,tives of the chivalric 
mother country. 

Of the horrors committed in this revoltition by the Spanish commander 
the American press have daily reports. It is indeed worthy of note that the 
Cubans have not been the authors of those reports, and it would be too much 
for Minister De Lome to declare that either the great American press has 
sold itself to the Cubans or that all the American newspaper men send " ex- 
aggerated reports to cater to the American taste." 

I will very soon publish as many of General Weyler's innumerable crimes 

as possible. I am now getting such accurate facts together as will identify 

Weyler as the author or similar if not the same crimes exposed by Donderis 

in has book, and by citing year and place prove to the world that Tourque- 

2777 



131 

mada. Alva, Morillo, and Bores, Spanisli angels, renowned in history for their 
Jiiiniane methods, are all incarnate inthe Captain-General of Cuba,Valeriano 
"Weyler, "the Butcher." 

GONZALO DB QUESADA, 
Secretary of the Cuban Delegation. 
Washington, March 8. 

Mr. HALE. I desire tliat this recital by this man, as horrible 
as it is, should be read to the Senate that Senators may have time 
to reflect that it is not the fashion in this country to make charges 
of that horrible kind which are past human belief without fur- 
nishing testimony. The American people and the American Sen- 
ate v/ill not believe those things of any man unless facts are given, 
unless there is something more than a promise to give facts, but 
will demand that they shall be supported by evidence. I do not 
credit those recitals as against this Spanish general in the least. 
I believe they are figments of the brain and could not have been 
true. 

Mr. MORGAN. In his statement the Spanish minister goes on 
to open up the war of 1868-1878 — the ten years' wav — and under- 
takes to refute some statements made in regard to that war. The 
statement which I had the honor to submit upon the authority of 
General Sickles, which is found to be sustained in his letter to the 
Secretary of State, when that gets into the Record — I have mis- 
placed it for the moment — related entirely to the conduct of the 
war during the former ten years. I have here statements from 
General Grant and Mr. Fish, made directly to the Spanish min- 
ister, which themselves show that much of what is stated there 
by these Ctibans is true. I rely upon that authority. I do not 
rely upon this authoritj', and yet I know of no reason why Mr. 
Quesada is not a man of as good reputation as Mr. Dupuy do 
Lome. The mere horror of the transactions which are there re- 
cited will not do as a disapproval of their existence. If we vvere 
to tell all we kaov/ of the Duke of Alva in the Netherlands before 
Vfe could believe that in regard to Spain 

Mr. HALS. It certainly throvra the burden upon those alleging 
such atrocities. The Senator is an old lawyer, and he must admit 
that. 

Mr. MOHGAN. It is rather impossible now to prove by living- 
witnesses all that was done in that war, and yet I have some evi- 
dence before me of men who participated in it, and whose charac- 
ter is vouched for on the floor of the Senate, which I shall pres- 
ently proceed to read. This is a very disagreeable thing to me, 
extremely so, in fact; it is a very disgusting thing; but it must be 
remembered that both of the controversialists bear the Spanish 
name and are of Spanish blood, and doubtless both of them have 
v^'orn Spanish titles of honor among the old families of Spain. 

If I were reciting the horrors of warfare that have existed in the 
United States on the partj of the Ute Indians, the Apaches, the 
Arapahoes, the Cheyennes, the Comanches, etc., I would perhaps 
have to go into the details of greater horrors than have been de- 
tailed here. At the same time we know how very true a,re the 
awful recitals of our own American history in respect of those 
savage tribes. Men who can accuse each other and their Govern- 
ment of having been particeps criminis in horrible iniquities of 
this kind and go into the public prints and p)resent them are men 
who on both sides are to be regarded with caution, I will grant 
you, in accepting their statements; but v/hen they are at war so 
near our coast and war on the property of our own people, and 
when they take our own mea captive in their armies, and the like 
8777 



U2 

of tliat, it Taecomss us to look at both ijictiires and see ■what is 
possible among sricli people. 

I do not deal with Spain, I must say, in this matter as I v\^onld 
deal with Canada at all. I would deal with both Canada and 
Spain upon their historical record. We can not be expected to 
go back and hunt up the evidence to prove all these transactions, 
the onus of which the Senator from Maine would cast upon us. 
But before I get through v/ith my remarks I v/ill cast upon hiua 
the onus of denying what Mr. Fish said to Admiral Polo in a 
communication which he sent to him, which involves not all the 
details, but horrors equivalent to those that are presented in the 
statement made hy Mr, Quesada. 

Nov/, inasmuch as we must have evidence brought here, under 
the requirements of the Senator from Maine, I will send to the 
desk an article taken from the ITew Y ork Tribune of recent date 
upon the subject that I referred to in the speech I had the honor 
to make in this case when trying to present it on behalf of the com- 
mittee in the first instance. I believe the New York Tribune is 
accredited as high authority in its anti-Cuban sentiments. 

The VICE-PRESIDENT. The Secretary will read as indicated. 

The Secretary read as follows: 

[Ke-w York Tribune, March 16, 1898.] 

INNOCENT MEN SHOT DOWN— A STORY OP A SPANISH OUTRAGE IN THE TEN 
YEARS' WAR— THEY WERE CUBAN MEDICAL STUDENTS AND TKEIR CRIME 
■■(TAS VISITING A CEMETERY, WKERE.IN A BURIAL PLACE 'WAS FOUND TO 
HAVE BEEN DISTURBED. 

"Whenever you read accounts of Spanish atrocities in Cuba do not make 
the mistake of believing that they are in any way exaggerations. I have 
lived in Habana, and while not personally familiar with this present war, I 
was there during the ten years' war, and I know whereof I speak." This 
statement was made_in Brooklyn yesterday by a medical student of one of 
tlae colleges in Kew I'ork, who is an American, born in Habana. His father 
is at present in Cuba and a well-known man there, but in order to save his 
family iu Cuba from annoyance and persecution the student stipulated that 
in the story he was ataouit to tell his name should not he mentioned. 

"I wa,nt," he continued, " to tell you a tale of a Spanish outrage which hap- 
pened in Habana in 1878, almost at the close of the ten years' struggle, which 
I witnessed. In all the terrible history of Spanish misrule and butchery in 
that island, the killing of seven innocent medical students by the order of the 
Captain-General, at the instigation of a mob, is about the most heartless and 
inhuman act that I ever heard of, and I tell it simply to illustrate Spanish 
methods, and to show that in the present war similar cruelties are being en- 
acted which the world will never hear of. In Habana there is an old cemetery 
surrounded by four stone v/alls, built with niches in tiers, and thick enough 
to hold a cofan lengthwise. The fronts of these niches are covered by a panel 
of thick glass, so that the cofftn may be seen inside. In the latter part of 1878 
one of the Spanish generals died and his coffin was placed in one of the niches. 
The Habana Medical College at that time was situated near the cemetery. 

" One day fourteen students, having nothing else to do, visited the ceme- 
tery. That night one of the cemetery attendants noticed that the glass in 
the Spanish general's niche was scratched. He told the parish priest of the 
' outrage,' and the priest in turn sent word to the authorities. ISTest day a 
number of policemen visited the college and arrested every student— to the 
number of about fifty— who had been at the college on that day. They were 
taken to the Spanish jail, and at once a report spread through the city that a 
Spanish grave had been desecrated by young Cubans. The volunteers, who, 
let it be understood, consisted of Spaniards living in the island and of some of 
the lower classes, were aroused. Within an hour the jail was surroundecL by 
a howling, frenzied mob. Balmaceda was absent in the eastern part of the 
island at that time, and the segundo cabo, or lieutenant-general, v/as in com- 
mand. He assembled his troops in front of the palace and told them he 
would investigate the case and punish where punishrnent was due. 

"NO EVIDENCE AGAINST THEM. 

"A commission of Spanish officers was immediately assembled and the case 
was tried then and there. Not a single well-known Cuban was called into 
the case. The gardener of the cemeterj^ who had been called as a witness, 
said that he had noticed some scratches on the glass and had also seen that a 
few flowers were missing. Further testimony on the part of the assistant 

S7rr 



133 

gardener sliowed to the commission that the students Vv-ere in no wise guilty 
of any wrongdoing whatsoever. The assistant gardener said that the 
scratches had been on the glass several days before. Upon hearing this the 
Spanish commission shnt him up and practically threw him out of the room. 

" Then, out of the whole commission arose one Spanish officer, Captain Cap- 
devilla, and said that there was nothing upon v/hich to hold the students. 
He advised their release and the dispersion of the mob, and said if these stu- 
dents were harmed it would be an act of inhumanity. The captain was im- 
mediately put out of the room, and nest day was arrested for treason for 
daring to voice such sentiments in a high military court of Spain. The mob 
was every minute growing larger and more vociferous for the lives of the 
students. A great uproar was heard without the palace, and the segundo 
cabo appeared on the balcony and made a speech, saying there was really no 
evidence against the students. The volunteers and their supporters would 
not have it this way and demanded the lives of some of the accused men. 
There was a farther conference of the commission, and the additional fact 
was brought out that of the U students who visited the cemetery only 7 were 
in that part of the inclosure where the grave was located, .and only one youth 
among this number possessed a diamond ring with which it might have been 
possible to scratch the glass. With this flimsy accusation aiid in order to 
appease the volunteers, the commission decided that 7 of the boys, whose ages 
ranged from li to 20 years, should be killed and the other 7 transported to an 
African dungeon. 

" The parents of the unfortunate prisoners became frenzied when they 
heard of the sentences. They offered the weight of the prisoners in gold to 
the Spaniards if they would free them. The commission was obdurate. The 
volunteers must be appeased. The prisoners had to be killed. 
"shot down by a kegiment. 

" Next Cisry was a fete day. Early in the morning, as the seven young fel- 
lows were lined upin front of a blank wall surrounding the Carcel, a brother 
of the youngest prisoner oif ered to stand up for him and be shot, but this was 
not allowed, instead of having a file of soldiers, as is usually the case, the 
lieutenant-general called out an entire regiment to i^erf orm' the massacre. 
The_order to fire was given and the seven were literally shot to pieces. 

' ' j. know of similar atrocities committed in that war of which General Vf ey- 
ler is guilty, and while he had nothing to do with that particular massacre, 
he is inhuman enough for anything. The strict censorship now prevailing 
prevents the world from hearing of crimes equally as bad which are com- 
mitted every day. If the Cubans can hold out for another summer, or if, by 
chance, the war should be prolonged for two summers, fever would reduce 
the present number of 130,000 Spanish troops on the island to about 1-3,500. In 
the end Cuba will be free." 

Mr. HALE. Read the name. A statement of tliat kind ongiit 
not to be given to tlie Senate witiiotit giving tlie name. 

The PRESIDING OFFICER. (Mr. Chilton in the chair). 
There is no name attached, the Chair is informed. 

The Secretary. New York Tribune, March 16, 1896; not 
signed. 

Mr. HALE. This purports to give the personal narration of 
somebody, and is there no name signed to it? 

The PRESIDING OFFICER, there is no name, the Secretary 
informs the Chair. 

Mr. HALE. It does not seem to me that tha,t is a very good 
piece of evidence. If that is a case of mob violence and a lieu- 
tenant-general protesting against it 

. Mr. MORGAN. The Senator can comment on the evidence 
when it gets into the Record. 

Mr. HALE. I certainly supposed it was going to be followed 
by giving the name. 

Mr. MORGAN. I had stated that I got it from the New York 
Tribune, which has been an anti-Cuban paper, I understand. I 
supposed the New ^sTork Tribune would not without some excxise 
publish those facts. I referred to that same incident in the fi.rst 
speech I made on this subject in the Senate, that to which Mr. 
Dupuy de Lome replied. He made no reference to my statements 
on that subject which I extracted from history and not giving the 
details. He had a safe opportunity to reply to it and deny it if it 
8777 



134 

was not true. I suppose whoever reads aloout such things at all 
knows about that massacre of students in Habana. 

if the Senator from Ma,ine requires witnesses to l^e brought and 
names to be stated, as a matter of course they ought to be brought 
here to the baa* of the Senate, and in such a case I would ask that 
the Spanish minister and Mr. Quesada be summoned to the bar of 
xhe Senate in order that we might examine them, if w^e are going 
into that sort of detail. What I am trying to do is to get a general 
and I trust a just view of what is the situation in Spain, as respects, 
the feeling of those people and of that Government against; the 
Cubans. I haye here 

Mr. HALE. If the Senator will allow me a moment, I shall not 
then interrupt him again. 

Mr. MORG-AlSr. I do not like to be replied to as I go along. 
The Senator from Maine will have plenty of time. I did not in- 
terrupt him to any extent, and such a course diverts me from: my 
ideas and keeps me on my feet until after a while I shall get so 
weary that I can not say anything. 

Mr, HALE. I thought in a case of that kind some authority 
should be given for such a statement. 

Mr. MOEGAN. I think not. 

Mr. HALE. I dojaot agree with the Senator. 

Mr. MORGAIT. 1 do not agree that any more authority should 
be given to that than to a.n extract taken from the public history 
of an important event. This paper is a historian; it professes to 
be. It selects its extracts v/ith a view of informing the people of 
the United States . The Tribune certainly would not put an article 
of that kind into its- paper that was not: well a.uthenticated in 
history. 

A letter was written ou the 6th of March, 1896, from Virginia, 
to a, member of this body. The gentleman who vn- ote the letter 
is known to some Senators on this floor, and he is known to be a 
man of good reputation. 

Mr. HALE. "Who is he? 

Mr. MORGAN. 1 will not give his name, but I will show you 
the letter. I will myself read the letter. 

aiAHCH G, 1S96.. 

DeaeSib: Noting that certain cowardly slieets, always opposed to every- 
tliing American, are trying to break the force of your statements of Spanish 
atrocities in Cuba by alleging them to be vague, general assertions, made on 
hearsay, and incapable of proof, permit mo to- offer this testimony as to what 
I have myself seen and heard in that island. 

In 1869, 1870, and 1871 1 served as captain of cavalry in the liberating army 
of Cuba under General Eyan and General Pederico Cavada, my observations 
extending from the north coast to the south, and from- Las Tunas in the 
east to Cienf ugos in the west, embracing some 300 miles of the center- of the 
island. 

The Spaniards held the cities, towns, and some of the plantations in the 
sugar-producing part of Santa Clara, with forts and strong garrisons; the 
Cubans held all of the country beyond gunshot from the Spanish forts. 

There was fighting somewhere almost every day. The Spanish operated by 
marching strong columns through the country, gathering up all they could 
carry off, and burning houses and whatever else they could not carry. The 
Cubans operated by ambuscading the columns, making sudden attacks on the 
forts, blockading them , cutting off detachments, convoys, etc. The Spaniards 
coiild beat us in a pitched battle, from their superiority in equipment; but 
they lost in action or by death and desertion at least five men to our one. 

We were compelled to adopt this system by the nature of the counti-y, 
which does not admit of the maintenance of large armies in the field, and by 
the want of arms. We had plenty of men, but not more than one gun to four 
men. Hundreds wei*e camped, unarmed, in different places, waiting for arms 
to come from the States. "We could not reduce the Spanish forts for lack of 
artillery, but sometimes carried them by surprise or assault. In these es.ses 
they were dismantled and destroyed, as it was not our policy to stand a siege 
in them. 
77 



135 

The -wliole country was laid waste. The Spanisii burned every liouse they 
came to. They killed every man and boy they found, whether armed or un- 
armed. Sometimes they killed the women and girls; sometimes they * * * 
sometimes they carried them on with the colum.n; and sometimes after kill- 
ing the men they left the women ci-ying over the corpses and the ashes of 
their homes. 

The population of the coiintry and the refugees from the cities had taken 
to the woods, and lived in palm-leaf huts and wigwams in the depths of the 
forests and swamps and in caves in the mountains; biit when these hiding 
places became well known from the nnm.bers resorting to them, they were 
noted by Spanish spies, who often carried the enemy there and surprised the 
women and children, the old, and the sick and wo'anded before they could get 
away into the woods. 

' Neither side gave quarter to prisoners, and every victory ended in a mas- 
sacre, except that Spanish prisoners who elected to join the liberating army 
were released and received into full fellowshiip, Slost of our drillmasters 
and many of the ofhcers and men were Spaniards. 

This violation of the laws of war was forced upon us by the Spanish Gov- 
ernment. The Cubans wanted to save all prisoners and exchange them, and 
the Spanish in the field would have agreed to it; but the administration re- 
quired all prisoners to be put to death, and we were obliged to retaliate in 
self-defense. It would have been suicidal madness to send hundreds of men 
back to the Spaniards to fight us again and carry them information as to our 
positions, numbers, etc. ; and we liad nowhere to keep them until the war 
ended. The course of the Spanish Government in Cuba is exactly the same 
as was the course of Philip II in the Netherlands. Three centuries have not 
cha,nged it in one iota. Valmaseda, Weyler, and Pando are just Alva, Vargas, 
and Tel Rio over again 

Mr. HALE. My attention was callecT away for the moment. 
What is the date of these occurrences? I did not catch that. 

Mr. MORGAN. 1869, 1870, and 1871— 

For specific allegations I mention these: 

in May, 1870, an American named Coyneo, who wished to leave the island, 
surrendered to the Spanish in the neighborhood of Najasa. He was mur- 
dered, and we found his body, fearfully mutilated, in the road where they 
lef_t it. 

in May, 1870, in Las Temas, on a forced march, we had to leave one of our 
men who was wounded. Three days afterwards we found him in the .same 
place, where the Spanish had overtaken bim. He had a large chunk cut out 
of his throat by what they call "dos pufiaiados," and was dead. 

About the same time, between Najasa and Yara, six unarmed men who 
were gathering bananas for their families were surrounded by the Spanish 
and murdered. Our men found them lying dead. Each one had a banana 
rammed down his throat by way of a joke. 

Two days before the action at La Gloria^ in June, 1870, while scouting with 
General Ryan, we found the body of an old, unarmed man who had been sur- 
prised ana murdered by the Spanish while he was getting honey out of his 
beehives. 

Brig. Gen. Edwardo Del Marmol, chief of staff to Genora,l Cavada, was shot 
through the body in the action at Altamira, in J uly, 1870, and was carried to a 
potrero in western Camaguey to be nursed. The Spanish cam-e suddenly 
and butchered him in his bed. 

At the Carldad of Curana, in August, 1370, Capt. Eamon de V arena, of the 
staff of General Ryan, was on sick leave at a retreat where were his lovely 
young wife and several other ladies and girls belonging to the leading families 
of Camaguey. The Spanish surprised them, killed Captain Varona, unarmed 
and sick, in the presence of the ladies, sti'ipped his corpse, mutilated it in the 
most atrocious manner before them, and dragged it about with a rope around 
the neck. The Spanish commander (name unknown to me) then pointed to 
the terrified and sobbing ladies, and told his men that they "could take their 
choice of those rebel bitches; " and the ladies were treated in a manner not 
fit to be described. 

Two days afterwards I saw two of these ladies and a colored woman who 
had been present, and heard them relate what had hapioened. 

In August, 1870, in the vicinity of Rio Seco, while looking for the chief of 
ordnance, I came to a house in the woods occupied by others of the Varona 
family. The ladies were in tears, and told me that their brother, a young 
boy, had been shot down by the Spanish the day before. He was unarmed, 
and, as I understood, not over 11 years old. 

In August, 1870, near Rio Seco, I was told by several families living there 
in the woods that the Spanish had come to a house near by a few days before, 
and finding no one but women spared their lives, but burned their house and 
carried off one of the daughters, who was a beauty, behind an ofiicer. They 
tore the girl from her mother's and sister's arms, and swore they would kill 
2777 



136 

hor and tlie Trhole family if she did not go. These Spanish were a part of the 
force of Colonel IMonteneo, then commanding at Santa Crnz del Sur. The 
poor girl's nam.e Y.'^as told to me, but I do not remember it now after so m.any 
years. 

In Juno. 1S70, near La Glorico, I heard General Ej'an examine a Spanish 
prisoner. This man gave a detailed account of the state of certain Spanish 
camTJS, and named certain Cuban ladies whom ho had seen kept there by cer- 
tain "Spanish officers, describing their wretched condition, their appearance, 
and their actions very minutely. His statements had every appearance of 
truth. Tlio Cuban officers who were present said that they knew the ladies 
named, and that they were a.tthat time prisoners in the hands of the Spanish. 

Capt. Henry Earl, of Brooklyn, who won great distinction in tho patriot 
service before his death, showed nie the nia.rks of the wounds given him by 
tho Spanish after the action in Holguin in 1S09. They found him lying on 
the field after the fight, shot him and bayoneted him several times, and left 
him for dead. General Jordan had gathered up some of his wounded and 
left them in a house to be cared for. The Spanish surrounded the house, set 
it on fire, and buinied up the wounded men. One of these was a young New 
Yorker, a sort of clerk to General Jordan. I have hea.rd, but do not remem- 
ber, his name. 

Gen. Ignacio Agramonte, General Ryan, General Cavada, and many other 
ofQcers and men whom I knew personally were at diiSerent times taken by 
the Spanish. They were in every instance murdered. I never head of auy- 
onc escaping death. 

I knew a family named 5Iola, prominent people, living in the western part 
of Camaguey. The mother and tbi-ee young daughters were refined, culti- 
vated ladies, famous for kindness ancl courtesy to everyone, and much 
beloved. Major Mercer, of Boston, our chief of artillery, and i had especial 
cause, as strangers, to thank them for hospitality and kindness. Some time 
after we went westward into the Villas with Cavada these f ciir ladies and 
one of the sons, a boy of about 10, were murdered by the Spanish. A cap- 
tain and his men came to their house one night, seized them, * * ■' mur- 
dered them and their mother and brother, and burned their house down over 
their bodies. The only one who escaped was the youngest boy, aged about 
7. In the confusion and darkness he slipped into the bushes near the house 
and saw and heard what was done. I did not see this, but it is matter of com- 
mon notoriety. 

I have seen hundreds of burned houses, bones, and graves, and have heard 
many circumstantial and undoubtedly true narratives of Spanish atrocities, 
but prefer to give these specimen cases which cams under my own observa- 
tion, and when I can give the time and place. This sort of war was waged 
all over Ciiba. The present war is just the same as tho last; the same men, 
■\Yeyler, etc., are in command. The Cuban question is just this: Are 1,590,000 
people to be massacred that Spain may hold tlie island a few years longer, or 
is it to be stopped? The only way to keep the Cubans down is to kill them all; 
and if ail these were killed and the island repeopled from Spain, a now war 
for independence would come as soon as a native-born generation grew up. 
All the Cubans are for independence. Those in the Spanish cities are forced 
into the so-called volunteer battalions to save their lives, families, and prop- 
erty ; but the Spanish do not dare to trust them where they v/ould have any 
chance to desert, knowing they would go over to the patriots by whole bat- 
talions. 

As for the objection that the Cubans wage only guerrilla war, it is the sort 
of war that gives them the advantage, and they would be fools to give it up 
to wage grand guerre. 

Maximo Gomez is a great captain, who understands how to handle his men 
so as to neutralize the many advantages enjoyed by the Spanish. His vigor- 
ous offensive obliges them to divide their forces and guard a hundred points 
at the same time, vfhile he selects his point of attack and is as successful as a 
man with a knife can hope to be in fighting a man with a gun. 

It is the sort of war by v/hich Robert Bruce freed Scotland, with which 
Spain opposed the great Napoleon, and by which her other colonies obtained 
their independence. 

It is the sort of war which General Washington proposed to adopt in our 
own Revolution when he espectedtobedrivenoutof Pennsylvania to his last 
stand in Virginia's mountains. It is the war which Nathaniel Green, Daniel 
Morgan, Henry Lee, William Campbell, Isaac Shelby, John Sevier, Thomas 
Sumter, and Francis Marion adopted for the recovery of the Carolinas and 
Georgia after the Continental armies had been destroyed at Charleston and 
Camden. 

Why, then, should any American denounce the Cubans as guerrillas? Are 
not these good esamples to follow? 

There is only one way to settle the Cuban question. Every generation that 
grows up is going to fight for independence. Millions of people may be butch- 
ered, and the struggle may go on for centuries, but in the end the Cubans 
will be free. 
2777 



137 

The writer of that letter is a graduate of the Military Institute 
of Virginia and also of the University of Virginia. 

Mr. THURSTON. Mr. President, I desire to give notice that 
on to-morrow morning, dnring the morning hour and after the 
dispatch of the ordinary routine business, I shall ask unanimous 
consent to present an argument, by request of the chairman of 
the Committee on Privileges and Elections, in favor of the seating 
of Henry A. Du Pont as Senator from Delaware. 

Mr. MILLS. I want to say to the Senator that I have the floor 
for to-morrow by common consent, and have had it given to me 
for three or four days on this question. I understand that we are 
to have this question concluded before we take up the Du Pont 
case, and I niust object to yielding the floor now and further giv- 
ing way, as i have given v/ay for three or four days. 

Mr. CHANDLER. I will saj^ that there is no such understand- 
ing as that the Du Pont case is not to be taken up until the Cuban 
question is difjposed of. 

Mr. MILLS. I understood from the Senator from Oregon [Mr. 
Mitchell] that he intended to give way, and let the Cuban ques- 
tion go on, 

Mr. CHANDLER. There will be no difficulty in having the 
Senator from Nebraska and also the Senator from Tesas speak 
to-morrow; but the reservation was distinctly made that, as the 
Senator from Nebraska [Mr. Thueston] was obliged to go away 
at the end of the week, he should be i^ermitted to speak on the 
Du Pont case. 

Mr. THURSTON. I am perfectly willing, if it be agreeable, to 
have my announcement take efl;ecton Thursday morning just the 
same. I only wish an opportunity to speak before I leave. 

Mr. MILLS, All right. There is no objection to that. 

Mr. CHANDLER. Do I understand the Senator from Texas to 
claim the whole day to-morrow? 

Mr. MILLS. Oh, no; but i wish to folio v/ my friend from Ala- 
bam.a [Mr. Morgan] , 

Mr. MORGAN. Mr. President, I have an interview of Q-eneral 
Sickles, which he did me the honor to send me with his card. Of 
course it is a correct and authentic interview, and I will ask the 
Secretary to read it. 

Mr. PLATT. What is the date of the interview? 

Mr. MORGxlN. It is a very_ recent date. I believe I have Gen- 
eral Sickles's note here transmitting the interview to me. 

The PRESIDING OFFICER. The Secretary will read as re- 
quested, in the absence of objection. 

The Secretary read as follows: 

Gen. Daniel B. Sickles, wlio was United States minister to Spain during a 
part of the ten-year Cuban rebellion, and whose disi^atches from Madrid 
while minister were mentioned in the recent debate in the Senate over the 
Cuban resolutions, was interviewed by a Sun reporter yesterday at his home 
in Fifth avenue. 

" While you were minister to Spain," asked the reporter, "did you have 
occasion to consider the question of the shipm.ent of arms and ammunition to 
Cuba?' 

"Yes, I did," said the General, "and 1 m.ust say that there seems to be a 
great deal of misapprehension about the rules of international law, and our 
own law as well, on that subject at the present time. In the absence of a 
recognized state of war it is no offense for sailing vessels or steamers sailing 
from this port or any other American port to carry arms and ammunition 
for whomsoever it may concern. No government can, by the law of nations, 
be held responsible for the shipments of arms, munitions, or material of 
war made by private individuals at their own risk and peril. These views 
have been repeatedly declared by our Government. 

"During the former insurrection in Cuba, Captain-General de Eodas issued 
3777 



138 

a decree in contravention of this principle. He closed a nnmber of ports, in- 
terdicting trade with them of any kind, and threatened the summary execu- 
tion of the officers and crews and passengers of vessels transporting arms or 
XDassongers suspected to be in the interest of the insnrgents, affecting to treat 
them as pirates. This extraordinary decree caused a profound sensation in 
the United States, and our_Sec.retary of State, Mr. Fish, addressed the Span- 
ish minister under date of duly 16, 1889, a strong protest, in which he said: 

" ' The transport on the high seas in time of peace, by outsiders, of what is 
commonly known as contraband of war is a legitimate traffic and commerce 
which can not be interfered with or denounced, unless by a power at war with 
a third party in the admitted exercise of the recognized rights of a bellig- 
erent. The freedom of the ocean can nowhere and under no circumstances 
be yielded by the United States. While Spain disclaims a state of bellig- 
erency, or iintil the United States may find it necessary to recognize her as a 
belligerent, the United States can not fail to look with solicitude upon a 
decree which, if enforced against any vessel of the United States, can not but 
be regarded as a violation of their rights that may lead to serious complica- 
tions/ 

"Again, in a note to the Spanish Government, written by Secretary Fish on 
the 18th of April, 1874, he makes this declaration: 

" ' A friendly government violates no duty of good neighborhood in allow- 
ing the free sale of arms and munitions of war to all persons, to insurgents 
as well as to the regularly constituted authorities; and such arms and muni- 
tions, by whichever party purchased, may be carried in the vessels on the 
high seas without liability to question from any other party. In like man- 
ner the vessels may freely carry unarmed passengers, even though known 
to be insurgents, without thereby rendering the government which permits 
it liable to a charge of .violating its international duties. But if such pas- 
sengers should be armed and proceed to the scene of the insurrection as an 
organized body which might be capable of levying war, they constitute a 
hostile expedition, which may not be knowingly permitted without a viola- 
tion of international obliga,tions."' 

These extracts from the notes of Secretary Fish, as they were quoted by 
General Sickles, are particularly interesting when considered in connection 
with the recent seizure of the steamship Bermuda off Liberty Island. More 
interesting still is this statement, which the General went on to make: 

" I have satisfactory reasons for believing and knowing that our Govern- 



shipment of arms and ammunition from any of our ports; nor will it stop 
the departure of passengers on a vessel bound for any foreign port. What 
it miist stop is ' any military expedition or enterprise' intended to make war 
on a nation with which we are at peace. That is to say, if some ammunition 
and men are sent off together under circumstances such as show an intent 
to do hostile acts on foi-eign territory or on the seas against a friendly nation, 
our neutrality laws and our international obligations are violated. 

" Surely a,mple room may be found between these several lines of pro- 
cedure for the friends of the Cuban patriots to supply them with arms and 
ammunition, and even with men, if men were necessary, without violating 
our laws. If passengers embark, let them do so in the usual way. Their 
destination concerns nobody but themselves. They are free to go where 
they choose to go. If arms and ammunition are shipped, as may be I'ight- 
iully and lawfully done, do not send men with them in the same vessel. If 
men are sent, let them go by themselves, unarmed. Such shipments of arms 
or such embarkation of passengers may be made, and should be made, in 
open day without concealment or secrecy, because no law is violated and no 
interference would be lawful. I am persuaded if the course thus outlined 
should be followed, our Cuban friends could supply their people with all 
they need without any other risk than capture by the Spanish land and 
naval forces within Spanish jurisdiction; that is to say, in Cuba or within a 
marine league of the shore of the island." 

' ' General, have you noticed in the recent Senate debates a reference to 
some of your dispatches, in which you speak of the shooting of prisoners of 
war in Cuba during the former insurrection? If so, the Sun v/ould like to 
have a reference to them and know something of their purport," said the 
reporter. 

' ' Yes," replied the General, ' ' my instructions from Washington frequently 
directed me to invite the attention of the Spanish Government to the bar- 
barous and inhuman manner in which prisoners of vf ar and noncombatants 
suspected of sympathy with the insurgents were put to death. The dispatch 
referred to in the Senate debate is my ISTo. 436, dated August 16, 1873, and 
appears in the red book for that year on page 563. I referred to the hostilities 
in Cuba as 'four years of war without quarter.' This was notorious. These 
campaigns had been conducted mainly iinder the direction of Count Valma- 
ceda. His campaigns were as conspicuous for cruelty as for incapacity. His 
2777 "~"^ 



139 

decree o? April, 1869, indicated his character and temper. He waged a -war of 
extermination without quarter, against which oui- Goyernment made re- 
peated remonstrances. The decree to which I refer declared: 

" ' That any man from the age of 15 years 'apward found away from hig 
habitation, and not proving a suiBcient motive therefor, would be shot. 

" ' That every habitation unoccupied would be burned. 

" 'That every house not Sying a white flag should ba reduced to ashes.' 

"Kepea.ted reclamations were made by the Government of the United 
States for indemnity for the lives of American citizens shot pursuant to thai; 
decree, in Madrid no one doubted or denied, so far as ever i heai-d, that 
prisoners of war were shot. In the dispatch referred to I quoted statements 
from the Imparcial, a semio£a.cial journal in Madrid, of which the colonial 
minister at that time had been the director until he entered the cabinet, 
showing the captures of prisoners and war material in Cuba up to August, 
ISre, and the number of insurgents killed in battle. 

"I was justified from the notoriety of the facts undisputed in adding to the 
number of slain in battle 13,600, as alleged, the number of 13,500 claimed t@ 
have been taken prisoners. This statement was made in these words: 

" 'As it is believed that all prisoners of war taken are shot or garroted, it 
would appear, taking the total of killed in battle and prisoners captured, that 
more than 57,000 insurgents have fallen since the war began.' 

"I may remark, however, that this computation was based upon the as- 
sumption that the figures given in the semioflicial organ of the Government 
were accurate. It must be said that as a rule no dependence could be placed 
upon such figures. It was customary to amuse the Spanish public then, as 
now, with frequent reports of battles won and captures made of prisoners 
and war material. Indeed, scarcely a month passed during the long years 
the wa,r continued in which statements were not published in the Madrid 
journals, claimed to be gotten from official sources, that the rebellion in Cuba 
was practically ended, that only a few roving bands of insurgents kept the 
field so long as they could hide in the mountains inaccessible to Spanish troops. 

" Mr. Fish stated in his dispatch No. 433, dated October S9, 1872, page 58a of 
the red book of that year, that ' the insurrection in Cuba has now lasted four 
years. Attempts to suppress it, so far futile, have been made, probably at a, 
sacrifice of more than 100,000 lives and an incalculable amount of property.' 
m my dispatch No. 374, dated May SO, 1871, page 71 of the red book of that 
year, I stated that ' reports of the most cruel severities against prisoners of 
war and against noncombatants perpetrated by both p'arties continue to 
reach Madrid.' Mr. Fish wrote to Mr. Gushing, my successor, on February 
6, 1874, that ' our people are horrified and agitated by the spectacle at our 
very doors of war, not only with all] its ordinary attendance of devastation 
and carnage, but with accompaniments of barbarous shooting of prisoners of 
war or the sum m ary execution by military commissions, to the scandal and 
disgrace of the age. ' Of course, all our people are familiar with the slaughter 
of the prisoners of war taken on the Virginius in 1873, the horrors of which I 
need not repeat. 

" Our people, who are accustomed to regard the Spanish nation at home as 
chivalrous a'nd cultivated, of course find it difficult to reconcile a belief in 
such atrocities as take place in Cuba with their high conceptions of Span- 
iards at home. The solution is to be found in the peculiar situation of things 
in Cuba. 

"Mr. Fish points out in the dispatch to which I have just referred 'that 
the struggle is continued in Cuba with incidents of desperate tenacity on the 
part of the Cubans, and of angry fierceness on the part of the Spaniards un- 
paralleled in the annals of modern warfare.' Again he says tliat 'by the 
slaveholders' resolutions of January, 1869, in Habana, General Dulce, whose 
generous intentions have been feelingly referred to by Admiral Polo, was 
driven out of the island, and the substance of political power passed into the 
hands of the Casino Espaiiol, where it has since remained.' This Casino Es- 
paiiol is the governing power in Cuba to-day, as it was in 1874, vs^hen Mr. Fish 
wrote the passage quoted. 

" If the Spanish governor of Cuba disobeys the wishes of the Casino, his 
position is made inestimable. If ho conducts war in a civilised way, the vol- 
unteer guard, organized by the Casino and inspired by it, menace the Cap- 
tain-General with their vengeance, and he is forced to succumb or quit his 
post. This has recently happened to Captain-General Martinez Campos, as 
it happened to General Dulce in the former insurrection. Dulce was suc- 
ceeded by De Eodas and Lamacida and Jobellas, and Campos is now suc- 
ceeded by Weyler. The volunteers rule the Spanish authorities of the island 
at the instigation of the Casino. 

" The truth is that the authority of the Spanish Government is not recog- 
nized in Cuba, unless it is agreeable to this dominating class, incorporated in 
the Casino Espaiiol and its instruments known as the volunteers. We are, 
therefore, confronted not with the question how far wo should respect the 
sovereign rights of Spain in Cuba_, but rather how far we are expected to tol- 
erate a condition of things existing on the island which prevails in spite of 
2777 



140 

Spanish authority, in a great degree, and for which an irresponsible body, 
such as I have described, is essentially accountable. 

" The responsibility of the Spanish Government for the atrocities and out- 
rages committed in Cuba, as well upon the persons and property of Ameri- 
can citizens as upon the insurgents, is found in the fact that since 1835 the 
Captain-General of Cuba is endowed by the Government with plenary powers 
to suspend the execution in Cuba of any law of Spain or any decree of its exec- 
utive government at his pleasure. Whenever, therefore, the Madrid Gov- 
ernment may attempt to mitigate the horrors of war or to introduce into the 
struggle any of the amenities of civilized hostilities, the Casino Espaiiol, with 
its branch of volunteers, creates a situation in Habana compelling the Cap- 
tain-General to yield to its demands and to esecute its will regardless of the 
instructions or wish of the Spanish Government." 

Mr, MORGrAN". If I had chosen I could have rested this whole 
matter upon that interview and statsment of General Sickles. 
which he did me the honor to send me in a letter postmarked, I 
think, the 14th of this month, March. Everyone who knows 
anything of General Sickles, not merely in regard to -his ahility, 
but his Americanism and his truthfulness and uprightness and 
honor, knows that he has no motive in bringing these facts to the 
attention of the American people except to keep his own Govern- 
ment, which lie loves very dearly and in whose service he has made 
sacrifices, on proper ground in regard to this transaction between 
Spain and the United States respecting Cuba. 

Now, I have here a letter from a native American, dated Phila- 
delphia, February 13, 1898. He sent his card along with the letter. 
He resides in Philadelphia. His card is open to the inspection of 
any Senator who deires to see it. I do not feel authorized, how- 
ever, to put his name in the Record. I will read what he says 
to show what were his personal experiences in the Island of Cuba 
during the previous ten-years war: 

BELLIGERENT RIGHTS— WHY THEY SHOULD BE ACCORDED TO THE STRUG- 
GLING CUEAI-r REVOLUTIONISTS. 

To the Editor of tkc Press: 

Sir: The New York Herald published an editorial on the 10th instant en- 
titled "The Government should go slow in the matter of belligerent rights." 
This article evidently ema,nated from the brain of an overzealous Spanish 
sympathizer. He says first, " Government action is quite diiiereut from pop- 
ular sympathy. ' ' If this is, as I understand it, a government of the people, by 
the people, and for the people, therefore the will of the sovereign people 
should prevail. Then why go slow in recognizing the Delligerency of Cuba? 
Did Spain go slow v/hen she recognized the Southern Confederacy? We 
have nothing to lose by recognizing the Cubans; on the contrary, we would 
have considerable to gain; the^ would owe us a debt of gratitude and all 
their imports would come out of this country, while most of their products 
would seek our markets, being the nearest of access. If we do not recognize 
them, we lose their friendship and gain nothing; for, granting that Spain is 
responsible for damage done to American properties up to the present time, 
what does that responsibility amount to if she will not pay— in fact, does not 
pa^y- the numerous claims our citizens have against her? Outside of the Mora 
claim, which took tv,*enty -seven years to collectj can anyone tell me of any 
other claim paid by her to citizens of this country in the last thirty -five years? 

The comparison made between the insurrection of 1868 and the present in- 
surrection is not a fair one. In the former the Cubans never had in the field 
more than 7,000 men, and they were confined to the eastern district and never 
came as far as Colon, yet it lasted ten years. In the present revolution the 
Cubans have marched at will from Cape Maisi to Cape San Antonio, the full 
length of the island. They now have in the field nearly 60,000 men, well 
organized; they aJso have an established government, which virtually occu- 
pies the whole island, excepting the seaports, which are occupied by the 
Spaniards, backed up by a strong navy. It would be folly for the Cubans to 
capture a seaport, that they could only hold a few hours, with great sacrifice 
of human lives. 

Give them recognition and they will soon have afloat enough cruisers to 
wipe out Spain's navy. By recognition it will shorten the struggle and save 
thousands of lives, as Spain v/ould soon be obliged to give iip the contest. If 
not recognized, the war will last as long as there is a Cuban living, for Spa,in 
is doomed to lose the last jewel of her tyrannical crown. The Herald states 
that Spain woixld board our vessels on the high seas. What of that? If the 
8777 



14:1 

vessel's papers are in order and her cargo legitimate and la'.Tful merchandise, 
it woiild be allowed to proceed; if sho has contraband of war, let them cap- 
ture her if they can; these are the chances of war. As far as recognition in- 
terfering w-ith our commerce with the Island of Cuba, this is erroneous, as 
we have none now; therefore, if Spain blockaded the ports of Cuba, it v/oiild 
be no loss to this country, for you can not lose what you do not possess. 

The Cubans are not iighting for autonomy; they want independence the 
same as we fought for when we seceded from England, and when recognized 
by other nations; let us then reciprocate and give them the same chance that 
we had. Blaine was in favor of reciprocity, and it worked well while it 
lasted. General Campos tried to reciprocate with the Cubans by being 
humane with prisoners, as the Cubans were with his soldiers; because he 
was humane, tyraniiical Spain recalled him and sent to Cuba in Jais place 
General Weyler, comrnonly known as the butcher, and she says with instruc- 
tions to be humane. Mow can you make a lamo out of a hyena? This is an 
impossibility. Time will tell, and a very short time at that, how he carries 
out his instructions. Let this Government act— not slowly, as the Herald 
suggests, but swiftly; it cannot be too swift— and Spain will understand that 
the United States are not going to tolerate or allow her to murder innocent 
and inoffensive old men, women, and children. 

From my own personal observation, during the years 1863-18T9, at which 
time I resided in Cubp., I know that if a race of people ought to have their inde- 
pendence they are the Cubans. Under the Spanish rule they are not allowed 
to have any voice in the government of the island, and ai"e taxed to such an 
extent that if any city in the United States shovild try to collect an eq xial 
amount per ca.pita it would refuse to pay and revolt in a short time and not 
stand it as the Cubans have for years. 

Why should the United States recognize them? Because they have suiiered 
so much through Spanish misrule and are only trying to be recognized as 
human beings and of some value to this world. We not only ought to recog- 
nize them, but to help to drive the Spanish from this part of the world. We 
have not to go to Armenia to find work for the Red Cross Society, for in Cuba 
I have seen men torn from their homes at night, taken on board of a Spanish 
raan-of-war, condemned to exile to the Isle of Fernando Po, and not even 
allowed to sa,y good-bye to their families. Men taken from trains and shot. 
Prisoners would be condemned without heing allowed any defense, and sent 
to Hahana, but never reach there— shot on the way by the guards, who said 
they tried to escape. 

In February, 1S93, 1 was in Habana; heard some of the shots that sent soma 
of the Cubans to their final resting place. They came from the country un- 
der promise of full pardon if they would leave the island; they came under 
this "promise to' Habana, went on board the royal mail steamer, and were shot 
down by the harbor police, a,cting uzider the orders of the Government, 
while talking to their wives and children in their staterooms. These men 
had come under a flag of truce, supposed to be respected by all nations of the 
world, but not by the Spanish Government. Under such state of affairs as 
this a halt should be called and the Spanish rule in America should be made a 
thing of the past. The nation that should do this is the United States. In- 
stead of going slow in giving the Cubans belligerent rights they should go 
fast to help them to their independence. These are the ideas of 

A NATIVE AMEEICAM". 

Philadelphia, February 13, 1S9S. 

Those are the ideas of a native American, whose name is here. 
If the Senator from Maine -wants to know it, I will give it to him, 
but I will not put it in the Record. That is only a part of the 
recitals I conlcl hring upon authentic statements of personal 
knowledge in regard to the ten years' war. 

Here is a man, J. Frank Clark, v/ho is the correspondent of th9 
Richmond (Va.) Times, and who writes from Habana under date 
of March 7, 1890. He goes on to say: 

Arrests of civilians under the sweeping provisions of General Weyler's 
proclamations of February 16 have been made at such a rate and in many cases 
with so little evidence of guilt that General V/eyler was compelled a week ago 
to issue instructions to his officers to be more careful, as he required more 
proof than verbal denunciation. Yesterday he issued a circular in which he 
stated that absolute proof must be furnished by other than interested parties 
before accused prisoners will be deported, and warning commanders that 
they v/ill be held responsible for false arrests. Without doubt General Wey- 
ler has in view the effect of this order abroad as well as here, for the manner 
in which Cubans who have never borne arms against Spain have been dragged 
from their homes, from their families, the stores, or their farms and thrown 
into prisons with felons and after a few days' delay placed on board ship for 



142 

what is probably the vilest penal colouy on the face of the earth has become 
a shame that cries aloud for redress. 

General Weyler upon his arrival set at liberty a number of these civilian 
prisoners whom General Pando had taken from their daily occupation in 
the eastern end of the island. I saw twenty of them at the palace one day. 
They were white, intelligent looking, and bore the appearance of being shop- 
keepers or clerks. They were not bronzed by exposure to the weather, 
as all who are in the field are. The only evidence against these men was a 
paper purporting to be a list of the people who were aiding and communicat- 
ing with the enemy. It was made up by a Spaniard. Since that time Gen- 
eral Weyler has released others captured in the same way. Hundreds have, 
however, been sent to Ceuta, Africa, and to the Isle of Pines, and the arrests 
are increasing in number. 

DOES WEYLER APPEOTE? 

General "Weyler has removed the alcaldes of all towns in whom he had not 
absolute confidence, and has appointed the ranking military officers of regu- 
lar troops or volunteers alcalde or mayor. These men are usually of the 
grade of lieutenant or major. They possess arbitrary powers. Under the 
proclamation the life or death of every man, woman, or child in their zone 
is in their hands. A large proportion of these commanders believe Weylei' 
to be a man of severe measures, a man who will quietly apj)rove any extreme 
act on their part. They look upon his circulars as intended for effect in the 
Uiiited States. They look for no punishment for summary executions of 
Cubans who sympathize with the insurgents. They expect praise and pro- 
motion for shooting war prisoners as soon as taken. In their reports they 
are careful to have the prisoners or the peaceful citizens killed found in the 
field after an engagement, but between the lines the manner in which the 
victims met their death is not difficult to decipher. 

He then gives a iinmhev of other cases, which I ^YlU. not stop to 
read, biit will insert in my remarks: 

OTHER MASSACr.ES. 

Dozens of reports of affairs similar in that unarmed citizens are killed by 
Spanish troops have been received here, but the authorities have placed such 
obstacles in the way of correspondents that it is impossible to visit the local- 
ities and establish the facts. In a dozen cases refugees from towns where 
fights have occurred state that after the rebels are driven away citizens who 
took no part were shot down and counted in the official reports as dead insur- 
gents. The Government officials deny these stories, and while it is common 
talk in Habana that certain affairs were butcheries the correspondents are in 
most cases obliged to accept the Government version. 

I have visited towns where nearly every family had fled in terror, leaving 
dishes standing upon the tables and everything in disorder, showing the haste 
In which homes were abandoned. I talked with the few who remained, and was 
told that the people did not dread the insurgents, but fled from fear of the 
excesses of the Spanish troops. On the other hand, in some sections where 
towns have been used by the Spanish, the insurgents have burned the whole 
town, and the people were left homeless. Other towns which have harbored 
rebels have been destroved by the Spanish troops, and the wreck and ruin 
which is being visited upon the fair Island of Cuba is pitiful to contemplate. 

NATURE ALONE IS KIND. 

But for the warmth of the climate and the ease with which life is sustained 
in the Tropics thousands would have perished ere this, and the island v/ould 
be a charnel house before the end is reached. In many towns there have been 
no provisions for weeks. People have lived by sucking sugar cane and eating 
plantains. Families have camped for days upon the ruins of their homes in 
burned districts, sleeping upon the ground nights and crawling under a 
thatch dfiring the heat of the sun. Those who could have sought refuge in 
the cities, and the few in proportion who had the means have escaped to the 
United States, Mexico, or some other country where peaceable citizens are 
not liable to summary execution. 

There is a great deal more of it, but I do not choose to enctimber 
the Recokd with these statements on either side further than to 
show that a state of open, horrid war exists in Cuba, and it is a 
v/ar which involves the peace, the property, the rights, the liber- 
ties, and the lives of American citizens who happen to be there. 

Our treaty of 1795 and all onr treaties since that tiiJae, though 
none has really changed the attitude of the Crovernments toward 
each other since that date on this question, guarantees to our 
citizens the right to go into Cuba and reside there and carry on 
business and the like of that, and gives the same right to Spanish 

2/77 



143 

people Avho coiae here. It is as rQiicli our duty to protect the Si)an- 
iards in this country as it is theirs to protect our people in Cuba. 

Are they able to do it? Can they do it? The Spanish Govern- 
ment and the Spanish minister, in his me.morandmn which he sent 
to the Committee on Foreign Eolations, shoy/ their utter inability 
to do it. War is flagrant in that country, vv^ithout the ability of 
either side to protect American property and citizens against the 
other. I merely v/ant to establish that proposition; and it is not 
a matter of concern to me whether one Spaniard who is called a 
Cuban is more ferocious than another v/ho is called a Spaniard 
proper. 

That is not a question for us to decide. We are not weighing 
our sympathies in the balance. Neither our sympathy nor our 
indignation ought to enter into this case at all. Yet we can not 
of course avoid it in giving our votes. But the line of action for 
us to tase is to declare that a state of open, public Vv^ar esists in 
Cuba and that the laws of vrar shall apply to it. We can not pro- 
tect our citizens otherwise. Are we to stand still when we know 
that our people and their property are being sacrificed in Cuba, 
and to wait, how long vv'e do not know, ten years or twenty years, 
for a termination of a guerrilla warfare that exists there, which 
may amount to the extermination of the native population and 
almost the entire Spanish army as ^rell? Are v/e to wait for that 
result before we can interpose for the purpose of taking care of 
our people? 

These resolutions , as has often been observed, are matters of opin- 
ion. Yfe go no farther than the boundary and domain of opinion. 
The other House put in the opinion that in certain contingencies 
and events the Government of the United States ought to be pre- 
pared to intervene. 1 like the resolution of the House better than 
that of the Senate merely because it takes that ground, for if this 
matter is to continue, and the outrages and the horroi's of the ten- 
years war is to be repeated, as they are being repeated, by the very 
same people and under the same circumstances, then I say that it 
becomes ou.r duty to do that which General Grant was so anxious 
to do^nterveno and stop it. Yet we do not undertake on our 
part to declare for intervention, except that on certain conditions 
and under certain circumstances it should become a matter of duty 
on the part of the Government of the United States. That is our 
opinion, and is only expressed as our opinion. 

I expected vrhen I rose to speak on this case, nov/ for the fourth 
time, that I would have an ox)i3ortunity of answering some of the 
flings Y/hich have been thrown at the Committee on Foreign Re- 
lations, such as that it is a sleepy committee and the like of that, 
by the senior Senator from Massachusetts [Mr. Hoar] and the 
Senator from Maine [Mr. Hale] . But I believe, sir, that the oc- 
casion is one of too great solemnity and too great importance to 
loermit me to thrust myself into this debate personally or as a 
member of the Committee on Foreign Relations. I can only say 
that we have most carefully, attentively, faithfully examined into 
all of the great mass of petitions and of opinions expressed by 
thousands of American citizens in legislative assemblies and else- 
where, and Yv'e have undertaken in forming our opinions, and only 
to that extent, to conform them to vv'hat we believe to be the truth 
as it has been ascertained a,nd expressed by the great body of Amei'- 
ican citizens. There is where we stand, in perfect line with the 
American people in the expression of their candid, honest, sincere 
and well-sustained opinion. 
8777 



14:4 

Now, it v/ill not do for the purpose of overturning those opin- 
ions for anyone to say that that committee must have summoned 
before it those v/ho v^^ere personal eye observers of all these things. 
American opinion is formed justly and honestly upon the broad 
facts of the case as they are known to the American people. They 
have sought for informa^tion through the best and most sincere 
and candid sources of Information, for the purpose of informing 
themselves as to the opinions tiiat they ought to entertain. These 
are not new to us. They are old opinions. Tliey are opinions 
that have been crystallized in respect to Cuba and her relations 
to Spain now for more than forty years— yes, through the whole 
of this_century. 

The House resolution now before us and the Senate resolution 
differ only as a strong expression of opinion differs from one that 
is stronger and a wide field of considera-tion differs from one that 
is wider. 

In both resolutions the two Houses have confined themselves to 
the mere espression of opinions, neither of them having taken any 
action that is intended to define the lega,l attitude of the Govern- 
ment or the people of the United States toward Spain or Cuba. 

Our attitude toward Spain is that of peace. Our relation to 
Cuba is that of peace and symi3athy. 

We have opinions as to the conduct of Spain, in peace and war, 
towcird her "gem of the Antilles " that are disagreeable to that 
monarchy that v/e feel at liberty to express; that our people, al- 
most with one accord, hajve expressed; that we are compelled to 
express, as they relate to the condition of a people who are so near 
to our borders, and so intimately associated with our people, so- 
cially and commercially; opinions that we would express if Cuba 
were as distant from us as Armenia is. A decent regard for the 
liberty that is sustained and encouraged by our own free institu- 
tions requires us, at least, to disavow our open or tacit approval 
of the conduct of Spain toward Cuba for the last thirty years. 

In doing this in proper language, which conveys no censure, if 
Vv^e offend against Spain, we disdain sufcli a xmrpose, but v*'e wall 
not on that account violate or conceal the truth. The exijression 
of our opinion on this subject has given gra,ve offense to Span- 
iards, and probably to Spain, which we would deeply regret if they 
were unjust, as they are not. 

These opinions have given serious offense to some cidevant 
Americans who edit newspapers, and others who write anony- 
mous threats in letters and on postal cards to members of Con- 
gress. 

That interesting body of emigres in the great cities of Europe, 
new puT)ils in the old schools of feudalism, who, to escape taxa- 
tion and the duties of American citizenship, anci to enjoy the good 
society to which our coupon bonds admit them and the hospital- 
ities they would otherwise seek for in vain in the kitchens and 
servants' halls of London, Paris, and Berlin, are very much 
offended at the Anaerican opinion about Cuban affairs that is 
expressed in the votes of the two Rouses on these resolutions. 

The newspapers they own and control in Nevr York, London, 
and Paris fiare up in fervid abuse of Congress for responding to 
the uttered voice of the American people and for daring to utter 
a word of sympathy for Cuba. 

Yet they are not bold enough to attack the 262 votes to 17 in 
the House and the 64 votes to 6 in the Senate who voted these 
opinions. 



145 

The story of " Jolmny Hook," read by the Senator from JSTew 
York on last Tluirsday, and the resolutions of the general assem- 
bly of that great State, and of Mississippi, v/hich I have read, 
seem to convince them that they are a little overmatched by the 
people and the two Houses of Congress, and in their anger they 
turn tipon individuals of the Senate Committee on Foreign Rela- 
tions and rend us. 

I have never had a very high respect for those foreign princes 
and X3rinie ministers v/hose personal familiarity with our refugees 
from social Coventry is sold for money or whose recognition is 
won by their mean and sla^rlsh contributions to their vainglory. 

The most degrading phase of contraband diplomacy is the re- 
cent travesty of informing our Government, through certain 
newspaper ov/ners, of the views of European royalty as to Ameri- 
can affairs and politics. 

Next to that is the meanness of that species of covv^ardice that 
selects a single friend of a great movement of the people, voiced 
in the resolutions of Congress, and assails that movement by mak- 
ing a personal assault on him. 

i would not make a personal matter in the Senate of anything 
that such persons choose to say about me in their newspapers, but 
the enort to disparage a great public measure by attributing to me 
a purpose in its advocacy that has no place in my thoughts, and 
never had, is a wrong^ against the public welfare. 

If I were asked, as i may have been, and as has often been asked 
on the floor of the Senate in this session of Congress, where we are 
to get the money to meet the expenses of war, if we should have 
to meet its horrors, I would answer that we would not find it 
necessary to borrow it, as our mines would furnish all we might 
need for that purpose. This is true; but it is no more a reason 
for going to v/ar than would be the increased value of iron, or 
coal, or v/ool, or cotton, or sugar, or copper that would result 
from war. 

The production of both gold and silver would be increased by 
any foreign war in which we might engage. 

I saw the Confederacy arm its soldiery, while the war was fla- 
grant, by digging the iron ore and the coal from the earth to 
fashion into guns and swords, aiid the saltpeter from the caves to 
manufacture gunpowder. 

Since that development of the genius of our people I have never 
feared that the mighty resources of our people v/ill not be equal 
to any war that may befall us. 

Such fears only beset those feudalists v/ho are rich enough to 
dread the taxes of warfare and the cost of hiring substitutes. If 
the liberties and rights of our people rested alone upon the shoul- 
ders of gamblers in stocks and men who make corners on the food 
and raiment of the patriotic soldiers who must fight our battles, the 
bulls and the bears of the great exchanges would crucify the Re- 
public and cast lots for its raiment, in the presence, even, of the 
thick darkness that would enshroud its death. 

No; I would not sacrifice any honest American citizen, however 
poor, in a cause tha,t is not holier than life a,nd sweeter than all 
its hopes. Yet I would not sacrifice his liberties or the true honor 
of his country to secure the comfort or increase the wealth of 
every heartless monopolist and nabob in Europe and America. 

I abhor the man who would sacrifice human life in any causa 
save that of justice and liberty. It is this that excites my utmost 
resentment, when I see men, women, and children starved by 

2777-10 



146 

f 8'aclal monopoly in any of its liideons forms. It is this that com- 
pels me to despise the minions of monopoly — the craren feudato- 
ries — when, for hire, they sell their influence to increase poverty 
and loreed despair, and seek the shelter of our flag' to betray our 
people by vile assaults upon true Americans who would defend 
them with their lives- 

The Senate, that stands in pserpetual organization as the bulwark 
of the Republic — an eternal rock of defense — is the body that these 
hired traitors assail with unceasing warfare. That they find sup- 
port in high feudal quarters, and sometimes in the membership of 
this body, is as true of us as it was in other times when the foun- 
dations of government sank and disappeared in anarchy. But our 
Senate is an everlasting rock of defense to the Republic, and the 
powers of death will not prevail against it. 

Some Senators have doiie me the injustice, through a total mis- 
understanding of my i)osition on these resolutions when they were 
pending in the committee, to charge m.e with the motive and i3ur- 
pose of fomenting a war vath Spain. 

I state without hesitancy that the cry of Cuba for justice, hu- 
manity, and mercy, in which there thrills a plea for liberty to 
which we have listened for a half centtu'y, has the full right of 
appeal to all that I am and all that I feel as a citizen of the 
United States. It has not fallen upon dull ears or a listless and 
hardened heart. But for the restraints imposed upon me by the 
solemn responsibilities of my duty as a Senator I would be abreast 
with the foremost of those tens of thousands of Americans who 
urge us to decisive intervention in the name of humanity. 

But every member of the Committee on Foreign Relations and 
its records and the records of the Senate will bear me witness that 
1 have moved slowly and with extreme caution in the course of our 
progress in this matter., 

1 have not the honor of the acquaintance of the Spanish minis- 
ter or of any Cuban agents, and I have even been rude in my re- 
fusal to receive or commttnicate with the Cuban agents while this 
matter was pending in the committee. Above all else I desired 
to reach impartial conclusions upon the best evidence that was 
available as to our rights of neutrality by recognizing tliat open, 
general war that nov/ exists in Cuba between the people and the 
Crown. My vote was for delay until we could be reasonably sure 
of our ground, althotigh I felt that patriots were dying for the 
ca^use of libei-ty v/hile we deliberated about our giving a wotind to 
the pride of the Spanish monarchy. I knew from the past history 
of Spanish v/ars, beginning with the conquests of Cortez and Pi- 
zarro, and in the Netherlands, and the civil war in Spain at the 
close of the last century, and in the v/ars of the Mexican revolu- 
tion and those of Centeal and South America, and especially in 
the great ten-years war for emancipation and civil liberty in 
Cuba, and the wars for the republic in'Spain, that Spanish enemies 
were all treated as rebels and traitors, and that submission or 
extermination was the sole alternative of Spanish ferocity. 

Extermination is the established penalty for resistance to any 
demand of Spain when made upon Spanish subjects. If v;e must 
supx)ort their dommion against alleg-ed insurrectionists, we must 
also support the titter ruin and destruction of those who rebel 
against" Spanish authority for vfhatever cause. It is a dear price 
for an American to pay for the forms and ceremonies of interna- 
tional comity and for the good v/ill of a t^'^rannical despotism. 

Yet such seemed to be the demand of our own Government in 



147 

its long and oft-repeated vigilant watch and guard against our 
OYv"!! people v'hicli lias converted every great harbor on our east- 
ern and southern coasts into a Spa,nisli picket post, on v/hicli we 
have mounted guard with police and soldiers and vv^arships, v.'ith 
their guns pointed at our own shores. 

On my part, I have followed these movements of our Govern- 
ment •' afar off," but with faithful obedience. 

So I waited in silent discontent while the tide of blood still flowed 
and the fires of desolation swept the beautiful island. 

At last the time for action came; the time when threadbare pa- 
tience could no longer conceal the demand of duty, and the com- 
mittee took up its responsible task. 

I had offered no resolution in the Senate or in the committee, 
and had the v/hole field to select from. They were all intense in 
expression and decisive in their proposed action. 

Any one of them would have provoked Spain to war as certainly 
as a torpedo in the neck of a Spanish bull would excite him to 
deadly war against the matador. 

And yet not one of them that related to belligerent rights was, 
in law or by intention, in the least degree hostile to Spain, 

No decent, law-abiding, or self-respecting nation in Christen- 
dom would have treated such resolutions as derogatory to its 
pride, insulting to its honor, or unfriendly in purpose. 

Yet I had read enough of Spanish history in Cuba from authen- 
tic statements of our own Government, made directly in the teeth 
of Spain, to knov/ that any movement, even to lessen the horrid 
barbarities of Spanish warfare, would cause her to charge upon /v 
us as a Spanish bull would charge a red flag in their national 
sport. 

VVhen we took up this mass of petitions lying before me, which 
is growing daily, I presented a declaration and resoliitions that 
were the mildest possible plea for humanity in the mere conduct of 
the war. I will ask the Secretary to read them. 

The PRESIDING OFFICER. " The Secretary will read as indi- 
cated. 

The Secretary read as follows: 

Resolved by the Senate (the House of Representatives concurring), Tliat the 
present deplorable war in the Island of Cuba has reached a inagnitude that 
concerns all civilized nations to the extent that it should be conducted, if 
unhappily it is longer to continue, on those principles and laws of warfare 
that are acknowledged to be obligatory upon civilized nations when engaged 
in open hostilities, including the treatment of captives who are enlisted in 
either army; due respect to cartels for exchange of prisoners and for other 
military purposes; truces and flags of truce; the provision of proper hospitals 
and hospital supplies and services to the sick and wounded of either army. 

Resolved furtker. That this representation of the views and opinions of 
Congress be sent to tiie President, and if he concurs therein that he will, in a 
friendly spirit, use the good offices of this Government to the end that Spain 
shall be requested to accord to the armies with which it is engaged in war the 
rights of belligerents as the same are recognized under the laws of nations. 

Mr. MORGAN. I v;ill have the declaration preceding the reso- 
lutions and forming the report of the committee inserted in my 
remarks without stopping to read it. The Senate is familiar 
with it. 

The PRESIDING OFFICER. Yv^ithout objection, it is so or- 
dered. 

The report submitted by Mr. Morgan from the Committee on 
Foreign Relations January 29, 189G, is as follov/s: 

The Congress of the United States, deeply regretting the unhappy state of 
hostilities existing in Cuba, which has again been the result of the demand of 
a large number of the native iDopulation of that island for its independence, 
2777 



148 

in a spirit of respect and regard for the welfare of botli countries, eai-nestly 
desires that the security of life and property and the establishment of per- 
manent peace and of a government that is satisfactory to the people of Cuba 
should be accomplished. 

And to the extent that the people of Cuba are seeking the rights of local 
self-government for domestic purposes, the Congress of the United States 
expresses its earnest sympathy with them. The Congress would also wel- 
come with satisfaction the concession, by Spain, of complete sovereignty to 
the people of that island, and would cheerfully give to such a voluntary con- 
cession the cordial support of the United States. The near proximity of Cuba 
to the frontier of the United States, and the fact that it is universally regarded 
as a part of the continental system of America, identifies that island so closely 
with the political and commercial welfare of our people that Congress can 
not be indifferent to the fact that civil war is flagrant among the people of 
Cuba. 

Nor can we longer overlook the fact that the destructive character of this 
war is doing serious harm to the rights and interests of our people on the 
island, and to our lawful commerce, the protection and freedom of which are 
safeguarded by treaty obligations. In the recent past and in former years, 
Vfhen internal wars have been waged for long periods and with results that 
were disastrous to Cuba and injurious to Spain, the Government of the United 
States has always observed with perfect faith .all of its duties toward the 
belligerents. 

It was a difficult task thus forced upon the United States, biit it was per- 
formed with vigor, impartiality, and justice, in the hope that Spain would so 
ameliorate the condition of the Cuban people as to give them peace, content- 
ment, and prosperity. This desirable result has not been accomplished. Its 
failure has not resulted from any interference on the part of our neople or 
Government with the people or goverument of Cuba. 

The hospitality which our treaties, the laws of nations, and the laws of 
Christianity have extended to Cuban refugees in the United States has caused 
distrust on the part of the Spanish Government as to the fidelity of our Gov- 
ernment to its obligations of neutrality in the frequent insurrections of the 
people of Ctiba against Spanish authority. This distrust lias often become a 
source of serious annoyance to our people, and has led to a spirit of retaliation 
toward Spanish authority in Cuba, thus giving rise to frequent controversies 
between the two countries. The absence of responsible govermnent in Cuba, 
with powers adequate to deal directly with questions between the people of 
the United States a,nd the people and political authorities of the island, has 
been a frequently recurring cause of delay, protracted imprisonment, confis- 
cations of property, and the detention of our people and their ships, often 
upon groundless charges, which has been a serious grievance. 

When insurrections have occurred -on the Island of Cuba, the temptation to 
unlawful invasion by reckless iDersons has given to our Government anxiety, 
trouble, and nrach expense in the enforcement of our laws and treaty obli- 
gations of neutrality, and these occasions have been so frequent as to make 
these duties unreasonably onerous upon the Government of the United 
States. 

The devastation of Cuba in the war that is now being waged, both with fire 
and sword, is an anxious a,nd disturbing cause 0° unrest among the people of 
the United States, v,rTiich creates strong grounds of nrotest against the con- 
tinuance of the struggle for iDower between Cuba and Spain, which is rapidly 
changing the issue to one of existence on the part of a great number of the 
native population. 

it is neither just to the relations that exist between Cuba and the United 
States nor is it in keeping with the spirit of the age or the rights of humanity 
that this struggle should be protracted until one part3r or the other should 
become exhausted in the resoiirces of men and money, thereby weakening 
both until they may fall a prey to some stronger power, or unt'il the stress 
of hnman sympathy or the resentments engendered by long and bloody con - 
flict should draw into the strife the unruly elements of neighiDoring countries. 

This civil war, though it is great in its proportions and is conducted by 
armies that are in complete organization and directed and controlled by su- 
preme military authority, has not the safeguard of a cartel for the treatment 
of wounded soldiers or prisoners of war. 

_ _ In this feature of the warfare it becomes a duty of humanity that the civ- 
ilized powers should insist upon the application of the laws of war recognized 
among civilized nations to both armies. As our own people are drawn into 
this struggle on both sides, and enter either army without the consent of our 
Government and in violation of our laws, their treatment when they may.ie 
wounded or captured, although it is not regulated by tfeaty and ceases to be 
a positive care of our Government, should not be left to the revengeful re- 
taliations which expose them to the fate of pirates or other felons. 

The inability of Spain to subdue the revolutionists by the measiu'es and 
within the time that wo-ald be reasonable when anolied to occasions of ordi- 
nary civil disturbance is a misfortune that can not be justly visited upon citi- 
2777 



149 

zens of tli3 United States, nor can it be considered that a state of open civil 
war does not exist, but tliat the moTement is a mere insurrection and its 
supporters a mob of criminal violators of the law, when it is seen that it re- 
quires an army of 100,000 men and all the naval and military liower of a great 
kingdom even to hold the alleged rebellion in check. 

It is due to the situation of affairs in Cuba that Spain should recognize the 
existence of a state of war in the island, and should voluntarily accord to the 
armies opposed to her authority the rights of belligerents under the laws of 
nations. 

The Congress of the United States, recognizing the fact that the matters 
herein referred to are properly within the control of the Chief Executive 
iintil, within the principles of our Constitution, it becomes the duty of Con- 
gress to define the final attitude of the Government of the United States 
toward Spain, presents these considerations to the President in support of 
the following resolution: 

'•^Resolved by the Senate {tlie House of Bepresentativcs concurring). That the 
present deplorable war in the Island of Cuba has reached a magnitude that 
concerns all civilized nations to the extent that it should be conducted, if un- 
happily it is longer to continiie, on those principles and laws of warfare that 
are acknowledged to be obligatory upon civilized nations when engaged in 
open hostilities, including the treatment of captives who are enlisted in either 
army; due respect to cartels for exchange of prisoners and for other military 
purposes; truces and flags of truce; the provision of proper hospitals and 
hospital supplies and services to the sick and wounded of either army. 

"■' JResolved further. That this representation of the views and opinions of 
Congress be sent to the Presdent; and if he concurs therein that he v/ill, in 
a friendly spirit, use the good offices of this Government to the end that 
Spain shall be requested to accord to the armies with which it is engaged in 
war the rights of belligerents, as the same are recognized under the law's of 
nations." 

Februahy 5, 1896.— Mr. MobgAn, from the Committee on Foreign Relations, 
reported the following concurrent resolution as a substitute for concur- 
rent resolution No. 19, reported January 89, 1890: 

Eesolvecl by the Senate (the House of Representatives concurring). That, in the 
opinion of Congress, a condition of public war exists between the Govern- 
ment of Spain and the Government proclaimed 8.,nd for some time maintained 
by force of arms by the people of Cuba; and that the United States of America 
should maintain a strict neutrality between the contending powers, accord- 
ing to each all the rights of belligerents in the ports and territory of the 
United States. 

Mr. MORGAN. I felt that I owed an explanation to the com- 
mittee for the mildness of such a response to the demand of our 
Xjeople for a more cogent expression. 

I said to the committee in substance: 

" I oiier this declaration because it places the United States on 
ground that no civilized nation can possibly criticise. I do this 
in the firm conviction that when we listen to the petitions of our 
indignant people and turn our faces in the direction they are 
moving, the first step we take, hov/ever shore, whether it is an 
inch or an ell, vv^ill result in a war with Spain. I keep my eyes 
fixed steadfastly on that result without reference to its justice, 
Avisdom, or necessity. Spain can not conquer Cuba with her bur- 
den of debt and the political dissensions that lurk about the Span- 
ish throne. Spain knows this, and her pride will force her to 
prefer to lose Cuba in conflict with some great x^ower rather than 
surrender it as she has done her other American possessions, to a 
body of insurrectionists vdiom she despises and denounces in the 
most opprobrioLis terms. So far as I am concerned I am convinced 
that war with Spain is inevitable as the outgrov/th of this Cuban 
affair. It will come at an early day, and nothing but our denun- 
ciation of the Cubans can delay the conflict. In voting for this 
mild declaration I feel that I am in the act of drawing the sword 
and laying it upon this table, and am saying to Spain, ' Take it up 
if you will.'" 

The committee laid aside my resolutions and adopted, jjrovision- 
aJly, a much stronger one than those which I proposed. 
2777 



150 

At the next meeting the coinmittee adopted my declaration and 
resolutions and ordered me to report them to the Senate, vfhich I 
did. 

Within twenty-fotir hours the cable brought us accounts that 
this overture excited anger in Madrid for its insolence, contempt 
for its weakness, and derision for its singularity, and with it there 
came a storm of blustering gasconade. 

Campos was recalled, and the temper of Spain was heated to 
the degree that only Weyler cotild keep pace with. V/eyler was 
ordered to Cuba, The committee met again and concluded, after 
anxious discussion, to set aside the resolutions they had ordered 
me to reportj and directed me to report the resolution that passed 
the Senate, after being amended with the addition of the resolu- 
tion for Cuban independence offered by the Senator from Penn- 
sylvania. 

Now, what excuse can there be for the attack made upon me in 
the Senate, follov/ed by some newspapers in Nev/ York, charging 
me with drav/ing the sword and challenging Spain to take it up, 
and that I had said to some person vfhose name is not mentioned 
that I desired a. war with Spain because it would result in the 
remonetization of silver? 

VYhy did they not charge that motive to me for the earnest 
support I gave to Mr. Olney's noble avowal and definition of the 
Monroe doctrine? Men from the l>iorth send me postal cards 
warning me that Maceo is a negro, a very black one, they say, and 
advising me to quit the country and consort with him in the 
Cuban cabinet. 

This thrust deserves at least a parry. The freedom of the slaves 
was a prime factor in the ten-years v/ar in Cuba, which began at 
the close of our civil war. In both v,^ars negro troops were used, 
and with nearly equal savagery. In Cuba, as in our Southern 
States, the mass of the negro population adhered to their masters, 
in Cuba the masters took sides with the Government; in the 
'5Jnited States the Government was at war with the slaveholders. 

General Grant and Mr. Fish, his Secretary of State, desired 
above all things else connected with Spanish troubles the eman- 
ci]3ation of the slaves. The republicans in Spain adopted the 
American demand for emancipation, and upon these ideas they 
dethroned Amadous and established a republic. In the time of 
the Republic an ordinance of gradual emancipation was pro- 
claimed. But the Spanish sugar i>lanters and the New York sugar 
merchants and refiners found it to their interest to crush out 
Gomez and Cisneros, who were fighting for tho full emancipa- 
tion of the negroes and for the independence of the island, and 
General Grant and Mr. Fish came to loelieve that, the Republic in 
Spain having been abandoned in favor of the Cx'own, it was better 
for the Cubans that they should surrender on pledges guarantee- 
ing important liberties to them, and that a republic was then 
impossible in the island. 

General Grant, acting against his personal convictions and the 
humane sympathies of his nature, sent in his message of June, 
1870, refusing to recommend the recognition of belligerent rights 
f OT. the Cubans. That refusal virtually ended the war, and Gomes 
became the active promoter of the general capitulation. The 
terms of that capitulation were in letter and spirit violated by 
Spain, and Gomez and Maceo returned to take up arms and Cis- 
neros to resume the civil presidency, and the emancipated slaves, 
2777 



151 

one-fifth of the population, nnitecl with them to raise again tlie flag 
of Cuban independence. 

The negro population in Cuba is about in the same proportion 
that exists in tlie United States. This added element of military 
strength accounts, in a large degree, for the great increase of the 
forces at war with Spain. 

Those men of the North mistake me when they assume that I 
could have any prejtidice toward the negro race that would cause 
me to deny to them good government, safety in life and property, 
and every personal liberty that 1 enjoy in our free Republic. 

I do not believe, any more than Congress or the people of the 
District of Columbia believe, that the negro race is a useful or 
necessary factor in the government of a great republic. We 
place the Indian tribes and the Chinese on even a lower scale in 
political government, while v.-e give them full measure of liberty. 
But the negro has the same right as the white man to escape from 
the tyrannical despotism of Spain and to have a fair opportimity 
to enjoy the true and full value of independence. That blessing, 
like the air of the heavens, the sweet waters that flow from the 
green hills, and the Ga,fe shelter of the roof tree of home, should 
be the heritage of every freeman. 

I would rather be in the cabinet of a republic v/itli Gomez and 
Maceo than in the cabinet of the Spanish Monarchy vnth. Valma- 
seda and Weyler. 

I gather my impression of the war policy and methods of the 
Spanish Monarchy from the records of impartial history, without 
any prejudice against these people. The progress of civilization 
seems to have no effect or tendency to mitigate the stern rule of 
extermination applied by Spain to all who are found in rebellion 
against her authority. No country in Europe, and probably none 
in the Vs"orld, has suifered more revolutionary changes in govern- 
ment than Spain has had during the present century. 

In the previous growth of the Spanish monarchy both hemi- 
spheres were watered with innocent blood and dotted with graves 
of innocent people of all ages a,nd conditions, to extend the do- 
minion of avarice and pride through the destruction of ail op- 
posing political or religious parties and sects that Spain had the 
power to crush. After Protestant Netherlands had fought for her 
liberties and had lost a full generation in the struggle, Spain's 
period of decline set in rapidly. Since the year 1800 scarcely a 
period of three years, on the average, has elapsed without a 
change of government in the mother country or in the colonies 
that involved war, attended with great sacrifice of life. 

In the transitions of the colonies into independent rej^ublics 
under our great example, this young and then unproved Republic, 
the near neighbor and sympathetic exemplar of free constitu- 
tional government, by a course of honorable justice and firm 
assertion of our rights and the careful observtince of duty, main- 
tained its neiitrality during the prevalence of v/ars for independ- 
ence in the great colonies of Spain. 

We did not withhold our expressions of sympathy for the colo- 
nies in revolt, or refuse to recognize their rights as belligerents, 
or their independence when that was won or appeared to be cer- 
tain of realization; yet we took no part in these v^^ars, and had no 
thought of taking advantage of the'm for territorial aggrandize- 
ment. These facts should impress Spain with our sense of justice 
and duty, when, to save our people from suffering the losses and 
hardships of the present war in Cuba, we seek only to apply the 
2777 



152 

laws of civilized warfare to an open, confessed, and universally 
admitted state of civil war in that island. 

We do not seek to change our relations to Cuba upon any claim 
of right to interfere in the domestic alf airs of Spain in that island 
any more than we do in Puerto Rico, where v/ar does not exist. 
Our duty is to our own people, audit is a duty that Spain can not 
prevent us from performing. V/e have, in a spirit of forbearance, 
omitted to demand our rights in the chronic state of war that has 
afilicted Spain during all this nineteenth century, and have gone 
no further than to protest against the losses of liberty, life, and 
property that have been entailed on our people in these Cuban in- 
surrections. W"e have stood by while our people v/ere being mur- 
dered in Cuba and their property confiscated without lav/ or a 
trial, and only in a few cases have we been able, after long delay, 
to collect the price of this blood in money. We find now that our 
forbearance is reckoned v/ith as if it were v/eakness, and our neu- 
trality is abused by Spain. 

I prefer, and our people demand, that Spain shall not destroy our 
citizens or their property on a credit, but she must hereafter pay 
as she goes. We no longer choose to permit our people to be per- 
secuted and slain by either party in Cuba under the pretext that 
neither of them has the pov^^er to prevent such wrongs, and if it 
must be, we will intervene to prevent it, even at the risk of shock- 
ing the keen sense of propriety that some Senators are troubled 
with. 

In the midst of the last ten years' war in Cuba Spain, on the 
11th of February, 1873, discarded the monarchy and established the 
republic under Fiqueras. It had been three years in process of 
full development, but the tendency was all the time tov/ard the 
republic. Isabella fled to France in 1888, and a triumvirate under 
Serrano formed a provisional governm ent. Cuba was immedi ately 
involved in revolution. Much blood was shed in Spain to promote 
the rex3ublic, and many lives were destroyed in Cuba to siTStain the 
same cause. 

The emancipation of the slaves was the avowed task of the 
E.epubllc of Spa'In, and in this Government General Grant felt 
that Cuban independence v/ould ultima,tely find its greatest ally 
ancl friend. 

No one could have been more determined than General Grant 
was that the republican movements in Spain and Cuba should 
result in the abolition of slavery. This great pui'pose inspired 
and strengthened every hope of good that he expected from that 
revolution both in Spain and Cuba. Spain was striving to put 
down monarchy at home and to put dov/n the republic in Cuba. 
Spain, whether it was monarchic or republican, clung to slavery in 
Cuba, and a large body of Cubans demanded the abolition of 
slavery and the republic, with national independence. 

Creneral Grant was convinced that the success of the republic 
in Spain v/ould result in the abolition of slavery in Cuba, and that 
the people of Cuba would not be able, against the opposition of 
both parties in Spain, to abolish slavery. His policy then became 
clear and definite. It was to encourage the republic in Spain on 
the condition that the republic would abolish slavery in Cuba. 
This condition was accepted by the republic in Spain and was 
ultimately accomplished. 

The people of the United States were restive under the horrors 
of the Spanish methods of warfare in Ciiba, and in 1870 General 
Grant sent his message to Congress to inform them of the grounds 



153 

upon -vvhicli he discoLiraged. tlieir demand for belligerent rights for 
the CiTbans in arms. This was when the insurrection had pro- 
gressed only a single year. 

Had the United States then recognized the rights of belliger- 
ency in favor of the Cubans, it would have united, all parties iu 
Spain against the emancipation of the slaves. The great and in- 
spiring hope of a voluntary act of emancipation would have per- 
ished and the antislavery men in the United States would have 
been driven to the alternative of liberating the slaves in Cuba by 
force, and to the odium of encouraging a servile insurrection in 
order to promote anarchy for the sake of emancipation. The 
other alternative, of i^rocuring the freedom of the slaves in Cuba 
through the creation of the republic in Spain, was free from any 
strain on American sentiment and was joyfully accepted by the 
President. 

But General Grant v/ould not intervene to repress the x^eople of 
Cuba in their struggle for independence. All he could do,\intil 
emancipation of the slaves was secured, was to await results with- 
out interference. His good oflices were constantly pressed upon 
the Republic of Spain for a settlement that woiild'add to their 
decree of emancipation of the slaves a guaranty of equal rights 
and liberties to the native Vs'hite Cubans. This pledge was ob- 
tained from Spain, and Gomez and Cisneros laid down their arms 
and., accepting this pledge, became most active and efficient in 
persuading the Cuban people to desist from further warfare. 
The treaty was made and broken by the Spaniards, cruelly broken, 
and the emancipated slaves are united with the native white peo- 
ple in a renev/ed demand for the republic, for liberty, for justice, 
and for the safety of life. 

General Grant could not openly declare this great line of policy. 
That would have been fatal to his success. If our T)8ople could 
have seen it, they would have been more ijatient dmdng the eight 
years of cruel warfare that followed after the repressive message 
of 1870. But they felt tha,t their Government was looking with 
indifference upon the horrible saturnalia of blood and lire which 
President Gra.nt mentioned, as a warning to Spain, in the message 
of 18T0, and they went alone and in small bands to the devastated 
islands to help the patriot people in their v/ar for existence. 

General Grant was far from viewing those atrocities with in- 
difrerence. I will read a letter of Mr. Fish to Admiral Polo after 
a while that will clear that point, and will show the grounds on 
which I rest our present action. That letter would sustain a line 
of action far more decisive and eSectual tha-n is now proposed. 
I have not chosen to adopt it, on my part, because i do not wi-sh 
to give Spain any pretext for any result that her conduct hfs in- 
vited which would seem to cast the blame on the SJnited States. 

Let the attitude of Spain toward the native people of Cuba, black 
and white, find its justification or its excuse in her own x)olicies 
and counsels, and not in anything short of a positive duty that 
v»'e shall do. 

In my studies of the situation in Cuba and of the duties of Con- 
gi'ess connected with it I have taken the message of ISTO as my 
guide, although I believe it is far too narrow in its limitations 
upon our rights, and i have found that the facts of the v/ar in 
Cuba and the law as it is stated in that message bring the case 
entirely within the most restricted requirements of that paper. 

We have never settled the povs^ers of Congress, acting independ- 
ently of the President, as to mandatory action with reference to 
2777 



154 

the recognition of a state of belligerency or a declaration of war. 
We do not know wliat is or v/iil be the policy of the President in 
the Cuban imbroglio. Acting, then, as representatives of States 
that memorialiae Congress and the people who shower petitions 
upon ns, it is wiser that onr response to them should indicate 
clearly the opinions of Congress rather than some decisive act to 
Tv'hich the Executive might dissent. Y/hen the people and Con- 
gress have espressed their opinions in a way that is practically 
unanimous, if the President does not concur, he will assume the 
responsibility. 

The letter to which I referred, Mr. President, is that of Mr. 
Fish to Admiral Polo de Bernabe, who v/as at that time the min- 
ister of Spain to this country. Mr. Fish says, in some of the 
places v/hich I will quote, what I will read. I will put the entire 
part of the letter referring to this matter in the Record as an 
appendix to my speech. On the 10th of September, 1869, the min- 
ister of transmarine affairs at Madrid, in an official paper, said: 

A deplorable and pertinacious tradition of despotism, -wliich, if it conld 
ever be justified, is without a shadow of reason at the present time, intrusted 
the direction and management of our colonial establishment to the agents of 
the metropolis, destroying, by their dominant and exclusive authority, the 
vital energies of the country and the creative and productive activity of free 
individuals. And although the system may now have improved in some of 
its details, the domineering action of the authorities being less felt, it still 
appears full of the original error, which is upheld by the force of tradition, 
and the necessary influence of interests created iinder their protection, 
which, doubtless, are deserving of respect so far as they are reconcilable 
with the requirements of justice, with the common welfare, and with the 
principles on which every liberal system, should be founded. A change of 
system, political as well as administrative, is therefore imperatively de- 
manded. 

Mr. Fish says, after quoting this remark: 

But while admitting the existence of the injuries which had provoked the 
outbreak at Yara, the government of the revolution of 1838 refused to rem- 
edy them until the armed insurrection should be suppressed. " Spain v/ould 
already have given all constitutional liberties to Cuba," said Mr. Silvela to 
General Sickles, " if the imfortunate insurrection of Yara, and the cry of 
' Death to Spain,' uttered by some Cubans, had not alienated the sympathies 
of the nation, and obliged the government to accept the impolitic contest to 
which it was provoked. The government considers that it can come to no 
definite decision in regard to the political situation and future government 
of the Island of Cuba iintil the insurgents lay down their arms aiid cease the 
struggle." 

That is the quotation. Then Mr. Fish says: 

This v/oxild indicate that it is the resistance to admitted wrongs, and not 
the wrongfulness of resistance, which Spain is endeavoring to repress. 

I pass on to some few other extracts. Mr. Fish says: 

It must be frankly confessed that there were many persons in the United 
States who shared the theoretical opinions of the Spanish statesmen, but who 
could not agree in the diametrically opposite policy v/hich Spain pursued to- 
ward Cuba under their directions. 

It was natural for the people of the United States to feel an interest in the 
prosperity of Cuba. This and the reasons for it were well understood at 
Madrid. Mr. Martos, in the presence of his colleagues, Mr. Becerra and Mr. 
Eivero, had officially spoken to General Sickles of "the common interests 
shared by the United States and Spain in Cuba." He said "that whatever 
retarded the prosperity of the island was injurious alike to both countries; 
that the welfare of Cuba was of more commercial importance to the United 
States than to the mother country." 

Mr. Fish says upon this quotation: 

This wise statesman might have added that the interest of the United 
States in Cuba was heightened by a desire that the deadly struggle on the 
island might end in the acquisition of self-government (whether under or 
free from Spanish rule was, of course, immaterial to an American) and in the 
abolition of slavery. Such was undoubtedly the fact. The undersigned feels 
convinced that these views were shared by the mass of the liberal statesmen 
2777 



155 

of Spain, modified probably by the patriotic wish that tho island should 
retain its political connection with Spain. But it could not be expected that 
foreigners would share in the full warmth of this wish of Spanish statesmen. 
The mass of the people of the United States certainly gave little heed to the 
m.atter beyond the natural preference that a disturbing element of European 
politics should be removed from the American system. 

I must pass on, because the time is drawing near wlien I must 
take my seat. 

On the 24th of March, 18G0— 
Said Mr. Fish— 

the Captain- General of Cuba issued a decree, which is referred to by Admiral 
Polo, and from which the f oliovang is an extract: 

" Vessels which may be captured in Spanish waters, or on the high seas 
near to the island, having on board men, arms, and munitions, or effects that 
can in any manner contribute, promote, or foment the insurrection in this 
province, whatsoever their derivation and destination, after examination of 
their papers and register, shall be de facto considered as enemies of the in- 
tegrity of our territory, and treated as pirates, in accordance with the ordi- 
nances of the navy. 

"All persons captured in such vessels, without regard to theirnumbor, will 
be immediately executed." 

A copy of this decree was received at this Department on the 2d of April, 
18o9, and the undersigned, although but then ,iust entered upon the duties of 
his office, and greatly pi-essed with other public matters requiring immediate 
attention, put everything aside, by direction of the President, and on the 
next dato wrote as follows to the minister of Spain at Washington: 

I will only quote from that one paragraph: 

"This Government certainly can not assent to the punishment by Spanish 
authorities of any citizen of tho United States for the exercise of a privilege 
to which he may be entitled under public law and treaties." 

Mr. President, that is the law of Spain to-day in this war. Mr, 
Fish says further: 

The order to indiscriminately slaughter "all persons captured in such ves- 
sels, without regard to their number," could not but shock the sensibilities 
of all humane persons. The undersigned felt, however, unwilling to object 
to the execution of the order except when proposed to be enforced against 
citizens of the United States. 

I am sorry he was unwilling to do that, but he had a great motive, 
or the President had, which held him in check. 

In regard to the second point thus stated by Admiral Polo's esteemed prede- 
cessor, the undersigned was constrained by a duo regard to universally recog- 
nized principles of international rights and duties to declare that, in the ab- 
sence of a recognized state of war,, it was no offense in the sailing vessels 
and steamers of tho United States to carry arms and munitions of war for 
whomsoever it might concern. 

I am sorry that the Senator from Massachusetts [Mr. Hoar] is 
not present to hear this overturning of the sedate and sage enun- 
ciation of the law made by the chairman of the J udiciary Coni- 
mittee two or three times in this debate. 

The undersigned has uniformly said that no government can by the law oi 
nations be held responsible for shipments of arms, munitions, or materials 
of war, made bv private individuals at their own risk and peril. If a state of 
war should exist, if Spain should be entitled to the rights of a belligerent, 
parties concerned in the shipment of arms and military supplies tor her 
enemy would incur the risk of confiscation by her of their goods; but their 
act would involve no ground of reclamation against their government in 
behalf of Spain; and consequently no right to invoke the aid of that govern- 
ment in preventing tho perpetration of the act. Such it is believed is the 
established law of "nations, and such tho received rule even when the ship- 
ment of arms and munitions is made from the territory of the country whose 
citizens may be the parties engaged in the introduction of these supplies for 
the use of one of the belligerents. 

Further on Mr. Fish says, when speaking of the decree of the 
S4th of March: 

The objectionable decree of tho 24th of March was soon followed by a proc- 
lamation of Count Valmaseda still mora abhorrent to the sense of the civil- 
ized world. By this proclamation, made at Bayamo on the dth of April, 1869, 
S777 ^ 



156, 

Wliicli readied the Department of State on tlie Otli of May, tlie following an- 
nouncement was made to Cubans who believed, with Mr. Castelar, General 
Prim, Mr. Becerra, Mr. Silvela, Mr. Martos, Mr. Rivera, and other Spanish 
statesmen, that Cuba was siifCering under oppression and wrong which ought 
to be remedied: 

ii\a'st. Every man, from the age of 1.5 years upward, found away from his 
Iiabitation (flnca), and does not prove a justiiied motive therefor, will be 
shot. 

That is Weyler's decree now, witli a little sugar coating: 

Second. Every habitation unoccupied Vi^ill be burned by the troops. 

That is in full force under Weyler's decree. 

Third. Every habitation from which does not float a white flag, as a signal 
that its occupants desire peace, will be reduced to ashes. 

Women that are not living at their own homes, or at the house of their 
relatives, will collect in the town of Jiguani, or Bayamo, where maintenance 
will bo provided. Those who do not present themselves will be conducted 
forcibly. 

V/hat will happen to tliem on the \Yay G-od only knows. Mr. 
E'ish further says: 

The courses of trade and of social intercourse had carried many citizens of 
the United States into Cuba. When, therefore, this proclamation reached 
the undersigned, the President thought it right toward Spain that, although 
scarcely crecliting the genuineness of the document, the undersigned should 
send the following notice to Mr. Lopez Roberts: 

" In the interest of Christian civilization and common humanity, I hope 
that this document is a forgery. If it be indeed genuine, the President in- 
structs me, in the most forcible manner, to protest against such a mode of 
warfare, and. to ask you to request the Spanish authorities in Cuba to take 
such steps that no person having the right to cla,im the protection of the 
Government of the United States shall be sacrificed or injured in the con- 
duct of hostilities upon this basis." 

Mr. MILLS. Mr. President, I wish to announce to the Senate 
that in the morning, after the disiwsal of the routine business, I 
wish to address the Senate on the Cuban question, if there be no 
objection. I have been waiting for several days, and I am com- 
pelled to leave the Chamber now, or I would remain and take the 
floor after rny friend from Aia,bama has concluded. 

The PRESIDING- OFFICER. The notice will be entered. 

Mr. MORGAN. In my comments upon this matter I shall be 
very brief, a,nd shall conclude in a few moments. I desire to omit 
everj^thing except what is absolutely essential to my purpose to 
show that there exists in Cuba to-day the same condition of affairs, 
the same decrees, issued even by the same men, that Mr. Fish was 
denouncing in this letter to Admiral Polo in 1874. That was long 
after the message of the President of June, 1870, from which the 
Senator from Maine [Mr. Hale] read a brief extract: 

The United States were in a state of war when the orders referred to were 
issued. 
That is, the orders of our people. 

Spain had not been slow in forcing upon them in the very iucipiency of the 
rebellion her recognition of a state of war. She does not now recognize that 
she is herself at Vi^ar, but appeals, as a preceaent for her conduct, to rules 
prescribed for armies in the field. If she claims the rights, it is but logical 
that she accept the consequences of a state of war. 

I have pointed out in the course of this debate, from the reports 
of our own consuls, that the Spaniards treat our exports from this 
country into Cuba as being contraband of war at their will and 
pleasure. So they claim all the rights of war, but are not willing 
to submit to any of its disabilities, the very case that Mr. Fish is 
commenting upon. Says Mr. Fish further: 

The undersigned is confident that Admiral Polo will feel a sincere pleasure 
ki thus knowing that his information respecting these instructions has been 

2777 



157 

incorrect. Even had it been correct, tlie accomplished and generous minister 
from Spain and the undersigned would alike feel unwilling to contend that 
two wrongs could make a right. 

Even in such case, however, it would he remembered that a worthy prece- 
dent might be found in the practice of the United States during a rebellion 
of the most mighty proportions, pending which not a prisoner was killed in 
cold blood; not a political crime, however grave, was visited with capital 
punishment. The soil of the United States remains to this day unstained by 
the first drop of blood taken from a political offender. Had this example been 
followed wherever a pohtical insurrection had arisen, many might now be 
living whose blood cries aloud against the cruelty of some rulers. Christen- 
dom generally applauds the example of c]em.ency and generosity which the 
United States thus exhibited. 

The same spirit of generous regard for life and forgiveness marks the 
policy of the United States in other respects, and makes their penal codes 
look to the prevention more than to the pumshm.ent of crime, and often with- 
holds the enforcement of penalties when the danger against which they are 
denounced is supposed to have passed. It is with much regret that it is seen 
from the correspondence with the representatives of Spain for the past five 
years, and from the frequent complaints (in the note of Admiral Polo, now 
acknowledged) of the omission of the United States to enforce penalties and 
inflict punishment, that Spain does not sympathize with the policy of clem- 
ency and forgiveness, and seems to regard punishment as the test of the 
sincerity with which crime is denounced and as the sole means of preventing 
at least political offenses. The examples of the condition of the tv70 coun- 
tries must be the criterion to determine the comparative merits of the antago- 
nistic systems. 

He then goes into an extensive discussion laere of tlie rights of 
vessels on the high seas, and speaking of the restrictions imj)osed 
upon them and also of restrictions imposed npon land, he saj^s: 

In consequence of these severe measures against the persons and properties 
of Cubans who shared the opinions of the liberal statesmen of Spain respect- 
ing the injuries which had been ioflieted upon their native country, many 
fit'cl from the island to the United States. And the undersigned can not dis- 
guise from himself that these Spanish subjects, driven from, their native 
country, have attempted to abuse the hospitality of the United States— 

The very accnsation that is made here now by the present min- 
ister from Spain against the refugees from Guloa — 

that they have tried to make use of their safety here in order to regain what 
they had lost in Cuba, and that they have been restrained only by the per- 
petual vigilance and zeal of the officers of the United Sta/ces. Alas! if the 
ears of the ministers of Amadeo and of the Republic could have been opened 
to the complaints of theu" Cuban friends, what criminations might have been 
spared usl 

I believe. Mr. President, that I shall refrain from further quo- 
tations from this very remarkable and very able letter, v/hich 
covers the whole subject of the present Cuban insurrection. I 
noticed while that vv^ar was in progress Mr. Fish called the atten- 
tion of the Spanish Government in this letter to twenty- two cases 
of serious outrage against the property and lives of American citi- 
zens which remained to be adjusted after the war was over. I 
do not want to pile ut> a docket of that land under these circum- 
stances; I do not want to stand by until murder has been perpe- 
trated, attended with extreme crueltj^ and outrage, and to wait 
until some future time when, possibly, this revolutionary move- 
ment may be crushed out, for us to demand of Spain as many 
even as twenty-two cases of reclamation and damages for wrongs 
we have suffered. 

We have suffered enough; we have spent enough money in stand- 
ing guard for Spain, and in keeping our people out of Cuba, and 
in restraining them, and in capturing their property and confiscat- 
ing it V7hen the slightest proof of conspiracy could be found to 
exist in regard to a iDurpose of invasion of Cuba — we have spent 
enough, and we have suffered enough, and have stood these out- 
8777 



158 

rages long enough; and, now that Spain is engaged in a war with 
Cuba that, evidently, is hopeless, I think, sir, that we may he par- 
doned if we express our opinion, to say the least of it, that war 
prevails there, and that those people ought to he entitled to the 
rights of belligerency, and our people ought to be entitled to the 
rights of neutrality, and be allowed the benefits of neutrality. 
" I regret, Mr. President, that I have had to spend so much time 
in the discussion of this question; I never went into anything 
with more reluctance; but I have felt compelled to take all this 
toil upon myself simply because, in the accident of the pa,ssage of 
the resolutions through the committee it devolved upon me to 
make the report of the action of the committee, which put me in 
charge virtually of these resolutions. 

Sir, when we met in conference v/e found that the disagreement 
in these opinions of the two Houses related only to verbal criti- 
cisms, and nothing more. I ha,ve said before, and I repeatit, that 
the resolutions of either body v/ould be entirely satisfactory to 
me; but in the House of Representatives, immediately after we 
sent our resolution to them_, there was reported a resolution which 
involves a. mere difference in stating a,n opinion and caused no jar 
upon my feelings or sensibilities. I remembered that v/e v>'ere 
attempting to do nothing but to express our opinions. 

After the resolution of the Senate went over to the House it 
there met the resolution reported from the Committee on Foreign 
Affairs, to v/hich, of course, the House of Eepresentatives felt 
naturally disposed to adhere. They passed their resolution; it 
was brought here; we disagreed to the amendment which they 
proposed to the Senate resolution; and that disagreement brought 
us into a conference. In that conference we considered both of 
the resolutions, in fact, the whole programme of our previous 
action in both committees; and I think that we came to a patri- 
otic conclusion v/hen we determined that the two Houses of Con- 
gress, in taking this mild but firm action on our part, would do 
injustice to the will, to the honor, to the express professions and 
belief of the peoj)le of this country if we should recede and find 
that we were incapable of agreeing in the method of the ex]pres- 
sion of our opinions. 

There is no preference in favor of the one over the other, except 
that I believe, as I said to the committee at the time the resolu- 
tions were before it, that the jiassage of the amendment which 
was offered by the Senator from Pennsylvania [Mr. Ca5IER0>"] , to 
the effect that the President of the United States shall use his good 
offices v/itli the Government of Spain to induce that Government 
to recognize the independence of Cuba, might be considered by 
that Government, and very naturally I think would be considered 
by that Government, as an intrusive overture on our part, irritat- 
ing to their feelings. I have not any doubt that such would be 
the fact. 

Now, I repeat what I have said on several occasions since I have 
been on my feet to-day. I do not wish to give to Spain or to any 
nation of this earth any apparent ground for criticising our action. 
I Avant us to stand on a line that includes our rights beyond dis- 
pute. That is the reason I have been willing to put up v;ith opin- 
ions vv^hen I believed that acts ought to have been the esjpression 
of our opinions. I have never had any doubt that even the ex- 
pression of an opinion unfavorable to the fanatical and deluded 
monarchy would be regarded as an act of hostility that would 
compel Spain to throv/ down the gage of war. 
2777 



159 

Appendix. 

ITo. 21. 

3Ir. Fisli to Admiral Polo cle Bernabe, 

DEPAET.MEM7I: OF STAT2, Washington, April IS, 137h. 

The TiBclersigned, Secretai-y of State of tlie United States, has the honey 
to acknowledge the reeeption of the note of 2d of February last, which his 
excellency Adrairal Polo de Bernabe, the envoy extraordinary and minister 
plenipotentiary of Spain, addressed to hira respecting the Virginius, aiidi the 
assumed relations of the United States toward the insurrection in Cuba. 

The pressure of business incident to the session of Congress and a severe 
indispositioxi have prevented an earlier reply to that note. 

The undersigned has observed with regret in Admiral Polo's note harsh 
expressions and unwarranted criticisms upon the official conduct of officers 
of the United States which he feels confident would not have obtamed ad- 
mission to the paper had they attracted the attention of the accomplished 
minister of Spain, whose sense of .justice %vould not allow him to give expres- 
sion to what his sensitiveness and regard for the proprieties of diplomatic 
correspondence would not permit him calmly to accept. 

The undersigned finds in the historical part of Admiral Polo's note many 
misapprehensions of facts (as the facts are understood by this Government), 
and many errors of omission, which need to be corrected before entering upon 
the particular argument respecting the Virginiua. The undersigned will 
endeavor to do this as briefly as possible. 

The insurrection which broke out at Yara in the autumn of 1868 has had 
the unusual good fortune of having the .iustice of the complaints which it 
alleges in its justification recognized by those who are engaged in s-appress- 
ing it. On the 10th of September, 18G9, the minister of transmarine affairs at 
Madrid, in an official paper, said: 

"A deplorable a,nd pertinacious tradition of despotism, which, if it could 
ever be justified, is without a shadow of reason at the present time, intrusted 
the direction and management of our colonial establishment to the agents of 
the metropolis, destroying by their dominant and exclusive authority the 
vital energies of the country a,nd the creative and productive activity of 
free individuals. And although the system may now have improved_ in some 
of its details, the domineering action of the authorities being less felt, it still 
apnears full of the original error, which is upheld by the force of tradition, 
and the necessary infiuence of interests created under their protection, 
which, doubtless, are deserving of respect so far as they are reconcilable 
with the requirements of justice, v'ith the common welfare, and with the 
principles on which every liberal system should be founded. A change of 
system, political as well as administrative, is therefore imperatively de- 
manded." 

But while admitting the existence of the injuries which haa provoked the 
outbreak at Yara, the government of the revolution of 1868 refused to rem- 
edy them until the armed insurrection should be suppressed. " Spain wouid 
already have given all constitutional liberties to Cuba," said Mr. Silveia to 
General Sickles, "if the unfortunate insurrection of Yara and the cry oi 
'Death to Spain,' uttered by some Cubans, had not alienated the sympathies 
of the nation and obliged the Government to accept the impolitic contest to 
which it was provoked. The Government considers that it can come to no 
definite decision in regard to the political situation and future government 
of the Island of Cuba until the tusurgents lay down their arms and cease the 
struggle." This would indicate that it is the resistance to admitted wrongs, 
and not the wrongfulness of resistance, which Spain is endeavoring to repress. 

One of the two great questions at issue between the insurgents and the 
authorities of Spann was understood to be the f uttn-e condition of the African 
race in the island. The insurgents, as early as the 26th of February, l<Sb9, de- 
creed the abolition of slavery "in the name of libei-ty and the people." ihis 
act met with no resnonse from Spain. The eloquent Mr. Castellar, when a 
member of the Cortes, without the responsibilities of government, said: 

" I am an advocate of abolition tu Cuba, VTith a due regard to all interests. 
I am an advocate of colonial reforms, and of every possible liberty to Cuoa 
and Puerto Eico." , , i . -, 

But when, in the turn of events, he attainea to power, he was unable^to do 
anything for Cuba, and retired with slavery untouched and with reforms 
still a dream. . , , , . . - • j 

It can not be a matter for wonder tnat persons m other lands sympatnized 
with the great and liberal statesmen of Spain in their convictions that a large 
measure of reform was needed in Cuba, and held that one of the greatest or 
all was the abolition of slavery. And perhaps less sm-prise will be manirested 
' that such sympathizers in other lands could not comprehend why such dis- 
tinguished statesmen should insist upon subjugatiug the Cubans, who had 
2777 



160 

taten up arms to resist oppression, before consenting to relieve them from 
the wrongs which they were admitted to he enduring. 

It must he frankly confessed that there were many persons in the United 
States who shared the theoretical opinions of the Spanish statesmen, hut who 
could not agree in the diametrically opposite policy which Spain pursued to- 
ward Cuba under their directions. 

It was natural for the people of the United States to feel an interest in the 
prosperity of Ciiba. This and the reasons for it were well understood at 
Madrid. 'Mr. Martos, in the presence of his colleagues, Mr. Becerra and Mr. 
Rivero, had officially spoken to General Sickles of " the common interests 
shared by the United States and Spain in Cuba." He said " that whatever 
retarded the prosperity of the island was injurious alike to both countries; 
that the welfare of Cuba was of more commercial importance to the United 
States than to the mother country." 

This wise statesman might have added that the interest of the United States 
in Cuba was heightened by a desire that the deadly striiggle on the island 
might end in the acquisition of self-government (whether under or free from 
Spanish rule was, of course, immaterial to an American) and in the abolition 
of slavery. Such was undoubtedly the fact. The undersigned feels convinced 
that these views were shared by the mass of the liberal statesmen of Spain, 
modified, probably, by the patriotic wish that the island should retain its po- 
litical connection with Spain. Biit it could not be expected that foreigners 
would share in the full warmth of this wish of Spanish statesmen. The mass 
of the people of the iJnited States certainly gave little heed to the matter 
beyond the natural preference that a disturbing element of European politics 
should be removed from the American system. 

In the rapid progress of events, however, they, in common with the rest of 
the civilized v/orld, were soon forced to give attention to Cuban affa.irs. The 
authorities in that island began to exercise rights of war in time of peace, 
a,nd to trample out liberties which their superiors at Madrid desired to main- 
tain and extend. 

Admiral Polo expresses the opinion that the insurrection " did not find ex- 
tensive sympathies in the Island of Cuba," and that "it was but a little while 
before its locality was limited to the eastern part of the island." 

Such was not the tenor of the information received at this Department. 

It is nov/ more than five years since the uprising, and it has been announced, 
v/ith apparent authority, that Spain has lost upward of 80,000 men and has 
expended upward of $100,000,000 in efforts to suppress it; yet the insurrection 
seems to-day as active and as powerful as it has ever been. And the sugges- 
tion that its locality was limited to the eastern part of the island leads one to 
inquire whether Villa Clara and the other of the Cinco Villas, and the railway 
between Nuevitas and Puerto Principe, are in that district. 

indeed, tmtil the receipt of Admiral Polo's note, the undersigned had sup- 
posed that the extent of the disaif ection in Cuba was urged as an extenuat- 
ing motive for the remarkable series of measures which the undersigned will 
soon notice. 

Soon after the outbreak of the insurrection this Government, of its own 
accord, without being thereto moved by the representative of Spain, caused 
inquiries to bo made respecting " rumors of a projected expedition against 
Cuba " from New York, with a view, should circumstances require it, to the 
issue of such instructions a,s might be necessary for "the defeat of the schemes 
in question." The officer charged with the inquiry answered that ho had 
made a thorough investiga,tion, and added: 

" It is true that a number of well-known filibusters have opened an office 
at 4:98 Broome street, in this city (Now York), for the ostensible purpose of 
enlisting men for the invasion of the Island of Cuba, taut really with a view 
of making money oitt of the resident Cubans in this city who sympathize 
with the cause. But I am happy to inform you that thus far they have been 
unsuccessful." 

This fact, v/hich exhibits the anxiety of this Government to perform its 
international duties, is apparently referred to by Admiral Polo with a pur- 
pose of showing a want of diligence on its part in that respect; since, in 
quoting the report of the officer, the passage which is underscored is omitted. 

On the Stth of March, 1869, the Captain-General of Cuba issued a decree, 
which is referred to by Admiral Polo, and from which the following is an 
extract: 

" Vessels which may be captured in Spanish waters, or on the high seas 
near to the island, having on board men, arms, and munitions, or effects that 
can in any manner contribtite, promote, or foment the insurrection in this 
province, whatsoever their derivation and destination, after examination of 
their papers and register, shall be de facto considered as enemies of the in- 
tegrity of otir territory, and treated as pirates, in accordance with the ordi- 
nances of the navy. 

"All persons captured in such vessels, without regard to their number, wiy. 
be immediately executed." 

A copy of this decree was received at this Department on the 3d of April, 
3777 



161 

1869, and the nndersigned, although but then just entered upon the duties of 
his office and greatly pressed with other public matters requiring immediate 
attention, put everything aside, by direction of the President, and on the 
nest date wrote as follows to the minister of Spain at Washington: 

" It is to be regretted that so high a functionary as the Captain-General of 
Cuba should, as this paper seems to indicate, have overlooked the obligations 
of his Government pursuant to the law of nations, and especially its promises 
in the treaty between the United States and Spain of 1795. 

" Under thatlawand treaty the United States expect for their citizens and 
vessels the privilege of carrying to the enemies of Spain, whether those 
enemies be claimed as Spanish subjects or citizens of other countries, subject 
only to the requirements of a legal blockade, all merchandise not contraband 
of war. Articles contraband of war when destined for the enemies of Spain 
are liable to seizure on the high seas; but the right of seizure is limited to 
such articles only, and no claim for its extension to other merchandise, or to 
persons not in the civil, military, or naval service of the enemies of Spain, 
will be acquiesced in by the United States. 

" This Government certainly can not assent to the punishment by Spanish 
authorities of any citizen of the United States for the exercise of a privilege 
to which he inay be entitled under public law and treaties. 

"It is consequently hoped that his excellency the Captain-General of Cuba 
will either recall the proclamation referred to or will give such instructions 
to the proper ofncers as will prevent its illegal application to citizens of the 
United States or their property. A contrary course might endanger those 
friendly and cordial relations between the tw"o Governments which it is the 
hearty desire of the President should be maintained." 

The order to indiscriminately slaughter " all persons captured in such ves- 
sels, without regard to their number," could not but shock the sensibilities 
of all humane persons. The undersigned felt, however, unwilling to object 
to the execution of the order except when piroposed to be enforced against 
citizens of the United States. 

Almost simultaneously with the receipt of this startling news, Mr. Lopez 
Roberts, on April .5, 1869, made of the undersigned the request referred to by 
Admiral Polo, that the President should issue a proclamation to restrain mili- 
tary expeditions against Cuba, accompanying the request with allegations 
"that piratical expeditions are in preparation against the legitimate govern- 
ment of Spain in Cuba," and that " arms and ammunition are sent there in 
sailing vessels and steamers." _ 

In regard to the second point thus stated by Admiral I'do's esteemed prede- 
cessor, the undersigned was constrained by due regard to universally recog- 
nized principles of international rights and duties to declare that in the 
absence of a recognized state of war it was no offense in the sailing vessels 
and steamers of tlie United States to carrjr arms and munitions of war for 
whomsoever it might concern. The undersigned has uniformly said that no 
government can by the law of nations be held responsible for shipments of 
arms, munitions, or materials of war made by private individuals at their 
own risk and peril. If a state of war should exist, if Spain should be entitled 
to the rights of a belligerent, parties concerned in the shipment of arms and 
military supplies for her enemy would incur the risk of confiscation by her 
of their goods; but their act would involve no ground of reclamation against 
their government in behalf of Spain, and consequently no right to invoke 
the aid of that government in preventing the perpetration of the act. Such 
it is believed is the established law of nations, and such the received rule 
even when the shipment of arms and munitions is made from the territory of 
the country whose citizens may be the parties engaged in the introduction 
of these supplies for the use of one of the belligerents. 

In regard to the first point thus taken by Mr. Lopez Roberts, the under- 
signed could not but observe that the allegations respecting alleged piratical 
expeditions were not only wholly unsupported by proof, but were in them- 
selves extremely improbable. 

It is quite competent for a state to apply the term of "piracy " by its mu- 
nicipal acts to any offenses, hovfever trivial, and to affix to them punish- 
ments it may deem appropriate. But in thus applying the title of a crime 
known to international law to offenses created by municijjal law, it can not 
invoke upon the latter penalties which international law denounces against 
the crimes which the nations of the world recognize as "piracy." 

Within its own territorial jurisdiction the application of terms and of 
epithets, or even the denunciation of punishments, except so far as they 
may offend humanity or the civilization of the age, might not be objected 
to; and the undersigned does not at present feel called iipou to deny that 
the penalties thus denounced may bs enforced (without right or question by 
other powers) upon those who may commit the acts to which these terms 
are applied within the territory of the state enacting the municipal law. 
But it would be inappropriate to apply either such definitions of crime or 
penalties to matters occurring without its territorial jurisdiction ci" in dis- 
cussions with other powers. 
2777-11 



162 

Piracy, as an offense against the unwritten l3-at universally recognized law 
of nations, has been inacle the subject of many definitions. The deflnition 
by Wheaton, as explained by his commentator, Dana, would probably be 
recognized by the courts of all civilized powers. 

Wheaton defines this crime "to be the offense of depredating on the seas 
without being authorized by any sovereign state, or with commission from 
different sovereigns at war with each other ;" and Dana, in his note upon this 
deflnition, says "to constitute piracy jure gentium, it is necessary, first, that 
the offense be adequate in degree— for instance, robbery, destruction by fire, 
or other injury to persons or property— must be committed on the high seas 
and not within the territorial jurisdiction of any nation; and second, that 
the offenders, at the time of the commission of the act, should be in fact free 



the predicament of outlaws.' 

It did not appear to the undersigned from any evidence that was laid be- 
fore him at that time by Mr. Lopez Eoberts, or from any other source, that 
any parties were undertaking or contemplating military expeditions from 
the United States against Cuba, or were proposing to make any "piratical 
"espeditions." 

The undersigned therefore felt constrained to reply, on the 17th of the same 
April, in the following language: 

" After a careful examination of Mr. Boberts'snote, the undersigned fails 
to perceive the necessity or the propriety at this time of a proclamation by 
the President of the United States such as Mr. Eoberts desires. 

"The publication of an instrument of the character asked by Mr. Roberts 
would be the exercise of a power by the President which is resorted to only 
on extraordinary occasions and when peculiar circumstances indicate its 
necessity. Such a power is not to be invoked lightlv, or when the laws are in 
unquestioned vigor and efficiency, are respected 'by all persons, and are 
enforced by the ordinary agencies. 

"At present this Government is not aware of any invasion of the Island of 
Cuba, or of any other possessions of Spain threatened from the United States, 
nor is any such believed to be in the course of preparation. Mr. Eoberts has, 
on several occasions, intimated to the undersigned the existence of individual 
or private attempts in different parts of the country to violate the neutrality 
laws of the United States. In every such instance, as Mr. Eoberts very justly 
admits in his note, the proper officers of the G-overnment have been called 
upon immediately to vindicate the supremacy of the law, and no single 
instance is known or is believed to have arisen in which their interference, 
thus invoked, has not been efficient to prevent the apprehended violation." 

The justice of these views of the undersigned on the 17th of April, 1869, have 
been amply vindicated by subsequent events. 

Instead of resorting to the exceptionable and uncertain measure of a proc- 
lamation, this Government availed itself of the agency of special and per- 
emptory instructions to executive ofacers; and by this moans succeeded in 
preventing the formation of military expeditions in every case referred to 
by Admiral Polo, except in the case of the Catharine Whiting, and in that 
case it entirely broke up the proposed expedition by the iise of force. 

The objectionable decree of the S4th of March was soon followed by a proc- 
lamation of Count Valmaseda still more abhorrent to the sense of the civi- 
lized world. By this proclamation, made at Bayamo on the ith of April, 18C9, 
which reached the Department of State on the 9fch of May, the following an- 
nouncement was made to Cubans who believed, with Mr. Castelar, General 
Prim, Mr. Becerra, Mr. Silvela, Mr. Martos, Mr. Rivera, and other Spanish 
statesmen, that Cuba was suffering under oppression and wron^ which ought 
to be remedied. 

"First. Every man, from the age of 15 years upward, found away from his 
habitation (finca), and does not prove a justified motive therefor, will be 
shot. 

"Second. Every habitation unoccupied will be burned by the troops. 

"Third. Every habitation from which does not float a white flag, as a sig- 
nal that its occupants desire peace, will be reduced to ashes. 

" Women that are not living at their own homes, or the house of their rela- 
tives, will collect in the town of Jiguani or Bayamo, where maintenance will 
be provided. Those who do not present themselves will be conducted forci- 
bly." 

The courses of trade and of social intercourse had carried many citizens of 
the United States into Cuba. When, therefore, this proclamation reached 
the undersigned, the President thought it right toward Spain that, although 
scarcely crediting the genuineness of the document, the undersigned should 
send the following notice to Mr. Lopez Roberts: 

"In the interest of Christian civilization and common humanity, I hope 
that this document is a forgery. If it be indeed genuine, the President in- 
structs me, in the most forcible manner, to protest against such a mode of 
2777 



163 

•warfare, and to ask you to reguest the Spanish authorities in Cuba to take 
siich steps that no person having the right to claim the protection of the 
Government of thetJnited States shall be sacrificed or injured in the conduct 
of hostilities upon this basis." 

Admiral Polo now attempts to defend these orders by saying that— 

" Such rigorous measures are not confined exclusively to Spain; that the 
code of instruction for armies in the field published by the War Department 
of the United States during the civil v/ar which terminated in 1 865 author- 
ized the destruction of every hind of property belonging to the enemy, and 
the penalty of death on every one who, in a section of territory occup'ied or 
subjected by one of the Federal armies, attempted to resist said army or the 
authorities which it had established." 

The United States were in a state of war when the orders referred to were 
issued. Spain had not been slow in forcing upon them in the very incipiency 
of the rebellion her recognition of a state of war. She does not now recog- 
nize that she is herself at war, but appeals, as a precedent for her conduct, to 
rules prescribed for armies in the field. If she claims the rights, it is but 
logical that she accept the consequences of a state of war. 

The instructions for the government of armies of the United States in the 
field referred to by Admiral Polo were promulgated on the S4th of April, 
1863. The imdersigned takes the liberty of quoting several passages from 
them, which sufficiently illustrate the humane and Christian spirit which 
pervades them— a spirit characterized by Dr. Bluntschli as " en correlation 
avec les idses actuellos de I'humanite et la manidre de f aire la guerre chez les 
peuples civilises:" 

" Martial law is simply military authority exercised in accordance with the 
laws and usages of war. Military oppression is not martial law; it is the 
abuse of the power which that law confers. As martial law is executed by 
military force, it is incumbent upon those who administer it to be strictly 
guided by the principles of justice, honor, and humanity, virtues adorning a 
soldier even more than other men, for the very reason that he possesses the 
power of his arms against the unarmed. 

" Military necessity admits of all direct destruction of life or limb of armed 
enemies and of other persons whose destruction is incidentally unavoidable 
in the armed contests of the war. 

'■Nevertheless, as civilization has advanced during the last centuries, so 
has likewise steadily advanced, especially in war on land, tlie distinction 
between the private individual belonging to a hostile country and a hostile 
country itself with its men in arms. The principle has been more and more 
acknowledged that the unarmed citizen is to be spared in person, property, 
and honor as much as the exigencies of the war will admit. 

" The United States acknowledge and protect, in hostile countries occupied 
by them, religion and morality; strictly private property; the persons of the 
Inhabitants, especially those of women, and the sacredness of domestic rela- 
tions. Offenses to the contrary shall be rigorously punished. 

"Modern wars are not internecine wars, in which the killing of the enemy 
is the object. The destruction of the enemy in modern war, and indeed mod- 
ern war itself, means to obtain that object of the belligerent which lies be- 
yond the war. Unnecessary and revengeful destruction of life is unlawful." 

The undersigned is confident that Admiral Polo v/ill feel a sincere pleasure 
in thus knowing that his information respecting these instructions has been 
incorrect. Even had it been correct, the accomplished and generous minis- 
ter from Spain and the undersigned would alike feel unwilling to contend 
that two wrongs could make a right. 

Even in such case, however, it would be remembered that a worthy prec- 
edent might be found in the practice of the United States during a rebellion 
of the most migtity proportions, pending vv^hich not a prisoner was killed in 
cold blood ; not a political crime, however grave, was visited with capitsS piin- 
ishment. The soil of the United States remains to this day unstained by the 
first drop of blood taken from a political offender. Had this example been 
followed wherever a political insurrection has arisen, many might now be 
living whose blood cries aloud against the cruelty of some rulers. Christen- 
dom generally applauds the example of clemency and of generosity which 
the United States thus exhibited. 

The same spirit of generous regard for life and forgiveness marks the 
policy of the United States in other respects, and makes their penal codes look 
to the prevention more than to the punishment of crime, and often withholds 
the enforcement of penalties when the danger against which they are de- 
nounced is supposed to have passed. It is with much regret that it is seen 
from the correspondence with the representatives of Spain for the past five 
years, and from the frequent complaints (in the note of Admiral Polo, now 
acknowledged) of the omission of the United States to enforce penalties and 
inflict punishment, that Spain does not sympathize with the policy of clem- 
ency and forgiveness, and'seems to regard punishment as the test of the sin- 
cerity with which crime is denounced, and as the sole means of preventing at 
least political olfenses. The examples of the condition of the two countries 
2777 



164 

must be tlie criterion to determine the comparatiTe merits of tie antagonist 
systems. 

Prior to tliistime (namely, on the 12tii of February, 1869), a decree, -wifb. an 
explanatory statement, had been issued by the Captain-General, taking from 
the jiirisdiction of the ordinary courts a large class of crimes, and forcing 
Am.eriean citizens charged with such crimes to be tried before a court-mar- 
tial, in Tiolation of th.e provisions of the treaty of 1795. When it is remem- 
bered that this decree was issued about the time when it was officially an- 
nonnced to the undersigned that " the rebels have no cozamtinieation ^vith 
each other, they occupy no place as a center of operations, nor have they in 
the whole island a single city, a single town, a single village or hamlet, nor 
even a point on the coast where they might collect their forces and date their 
orders and proclamations," Admiral Polo will comprehend the magnitiide of 
this assault upon the rights secured to citizens of the United States by the 
treaty of 1793. 

The English translation of the test of this decree is as follows: 

" In use of the extraordinary faculties with which the provisional Goveni- 
ment of the nation has invested me, I decree the following: 

"Aeticle 1. Crimes of infidencia shall be tried by ordinary court-martial. 

"Art. 3. Prosecutions already commenced shall follow the legal process 
prescribed by the laws for the tribunals of justice. 

"Akt. 3. All aggressions, by act or by word, against any of the delegates 
of the Government, shall be considered as a crime against the antJiority, and 
will stibject its author totiiai by conrt-martial. 

"DOMINGO DULCE. 

" HAEAifA, February IS^ 1809." 

"SUPEEIOK POLITICAL GOVERNMENT OF THE EVEH-JTAITHrUL ISLAKD OP 
CUBA— OFEiCB O'P THE SECEETART. 

"For the better understanding of the decree published yesterday (the 12th 
of February) it is made known that under the word infidencia, which is 
made use of in article 1, are imderstood the following crimes: Treason, or 
lesa nacion, rebellion, insurrection, conspiracy, sedition, harboring of rebels 
and criminals, intelligence with the enemy, meetings of j onrneymen or labor- 
ers and leagues, ezpressions, cries, or voices subversive or seditious, propa- 
gation of alarming news, manifestations, allegations, and all that, witi a 
political end, tends to disturb public tranq^iillity and order, or that in any 
mode attaclis the national integrity. 

*' It is also made known that robbery in uninhabited districts, whatever may 
be the number of the robbers, and in populated districts, if the number of the 
robbers be more than three, shall be tried by court-mai-tial, as also the bear- 
ers of prohibited ai-ms. And by order of bis excellency the superior political 
goveriior, thesame is published in the Gazette for the general knowledge." 

On the 15th of April, 1809, the same policy which had prompted the authori- 
ties in Cuba to deprive citizens of the United States of personal rights guar- 
anteed to them by treaty led to a decree of embargo_es of property, which, 
so far as it applied to the properties of citizens of the United States, was also 
in direct violation of the rights secured by the treaty of 1795. The publica- 
tion of this decree was followed by the publication of another decree (made 
on the 1st day of April), interfering with the free alienation of property on 
the island. And two days Ia.ter another decree was pxibhshed, creating an 
administrative council, to take charge of the embargoed estates. Under the 
operation of these several decrees a vast amount of the property of citizens 
of the United States is understood to have (illegally, and in violation of law 
and right) come into the possession of subjects of Spain, without having yet 
been accounted for or refunded. 

When these decrees came to the knowledge of the undersigned , he addressed 
the following communication to the predecessor of Admiral Polo, under date 
of ApriloO, 1S69: 

" I am instructed by the President to inf omiyou that this Department has 
received fi'om the United States consulate in Cuba a decree dated the 1st day 
of April current, and promulgated by the Captain-General of the island on the 
15th of this month, which virtually forbids the alienation of property in the 
island, except with the revision and assent of certain officials named in the 
decree, and which declares null and void all salesmade without such revision 
and assent. 

"" In view of the intimate commercial relations between Cuba and the United 
States, and of the great amount of American property consta,ntly invested 
there in commercial ventures as well as in a more permanent form, the 
President views with regret such sweeping interference with the rights of 
individuals to alienate or dispose of their property, and he hopes that steps 
may be speedily taken to modify this decree so that it shall not be ai^plicabl© 
to the property of citizens of the United States, and thus prevent disputes 
and complaints that can not fail to arise if its execution is attempted as to 
such property." 
2777 



165 

It is with regret tliat the undersigned, finds himself unable to accept the 
declaration in Admiral Polo's note, made in connection with the seizure of 
private estates and the transfers of private property, that it was not without 
waiting for manifestations of disloyal sentiments and purposes that the de- 
crees were made respecting the sales and embargoes. The undersigned is of 
opinion that a recurrence to the correspondence which he has had the honor 
to conduct with the Spanish legation in this capital, and through the legation 
of this Government at Madrid, will recall many instances of interference 
with the private rights and property of citizens of the United States who 
have had no connection with the insurrectionary movements in Cuba, and 
many where Spain has practically admitted the precipitancy of her officers 
in their haste to lay hands on private property, and has in many instances 
promised, and in a very few instances has granted, the restoration of prop- 
erty thus unlawfully seized. And in this connection the undersigned must 
be permitted to express the regret with which he observes the introduction 
into a diplomatic note of the cases of "eminent banking and commercial 
houses of New York and other places," which, by agreement between the 
two Governments, have been referred for adjudication to an international 
commission, and the prejudgment and denunciation of these eminent houses 
as having " lent their names to a pretext." 

On the 7th of July, 18G9, the captain-general of Giiba decreed : 

"Article 1. There shall continue closed to import and export trade, as well 
for vessels in foreign commerce a,s also those in the coasting trade, all the 
Tjorts situated from Cayo Bahia de Cadiz to Punta Mayso, on the north, and 
from Punta Mayso to Cienfuegos, on the south, with the exception of those 
of Sagua la Grande, Caibarien, Nuevitas, Gibara, Baracoa, Guantanamo, San- 
tiago de Cuba, Manzanillo, Santa Cruz, Zaza, Casilda, or Trinidad, and Cien- 
fuegos, in which there are established custom-houses or collection offices. 

"Those who attempt to enter the closed ports or to hold communication 
with the coast shall be pursued, and, on being apprehended, prosecuted as 
infractors of the laws. 

"Art. 3. In accordance with the same, there shall also be prosecuted ves- 
sels carrying powder, arms, or military supplies. 

"Art. 3. The transportation of individuals for the services of the insurrec- 
tion is much more grave than that of contraband, and will be considered as 
an act decidedly hostile, being proceeded against in such case as an enemy, 
the vessel and its crew. 

"Art. 4. If the individuals to which the preceding article refers come 
armed, they will afford proof in fact of their intentions, and will be tried as 
pirates, the same as the crew of the vessel. 

"Art. 5. There shall also be held to be pirates, in conformity with law, 
vessels which may be seized bearing a flag not recognized, whether the same 
be armed or not as vessels of war. 

"Art. 6. On the high seas contiguous to those of this island the cruisers 
shall confine themselves to exercise over such vessels as may be denounced, 
or those that by their proceedings excite suspicion, the rights stipulated in 
the treaties signed by Spain with the United States in 179.5, with Great Britain 
in 1835, and with other nations subsequently, and if in the exercise of these 
rights vessels should be found recognized as enemies of the integrity of the 
territory, they shall be brought into port for the corresponding legal inves- 
tigation and trial." 

This extraordinary decree caused a profound sensation in the United States, 
and the undei-signed, as soon as it was received, addressed a note of inquiry 
to the predecessor of Admiral Polo, dated July 16, 1869, the material parts of 
which he takes the liberty of transcribing, as Admiral IPolo seems to be under 
a misapprehension respecting it: 

" The decree of the captain-general, De Eodas, assumes powers and rights 
over the trade and commerce of other peoples inconsistent with a state of 
peace, and which the United States can be expected to allow their vessels to 
be subjected to only when Spain avows herself to be in a state of war, or 
shall be manifestly exercising the rights conceded only to belligerents in the 
time of war. 

" The first article of the decree proposes to close certain ports, embracing 
a large extent of the Island of Cuba, against the peaceful commerce of foreign 
countries. Without contesting the right of a government in time of peace to 
exclude from its ports the trade and commerce of a friendly people, the un- 
dersigned assumes that the exercise of this power is to be understood purely 
as a municipal act, to be executed and enforced wholly within the recognized 
exclusive jurisdiction of Spain, and only as to ports which are in the posses- 
sion of the Spanish authorities. In case the success of the insurrectionary 
party should put any of the ports declared to be closed in their possession, 
the United States, as a maritime nation, will regard an effective blockade to 
be necessary to the exclusion of their commerce. 

" The second ai-ticie of the decree is vague in the absence of the limits 
within which it proposes to prohibit the carrying of powder, arms, or mili- 
tary supplies. 
2777 



166 

" The transportation on the high seas, in time of peace, of articles commonly 
known as contraband of war is a legitimate traffic and commerce which can 
not be interfered with or denounced unless by a power at war with a third 
party in the admitted esercise of the recognized rights of a belligerent. The 
freedom of the ocean can nowhere and under no circumstances be yielded by 
the United States. The high seas contiguous to those of the Island of Cuba 
are a direct pathway of a large part of the purely domestic trade of the 
United States. Their vessels trading between their ports in the Gulf of 
Mexico and those of the Atlantic coast pass necessarily thro-agh these waters. 
The greater part of the trade between the ports of the United States on the 
eastern side of the continent and those on the Pacific Slope of necessity pass 
in sight of the Island of Cuba. 

" The United States can not, then, bo indifferent or silent under a decree 
which, by the vagueness of its terms, may be construed to allow their ves- 
sels on the high seas, whatever may be their cargo, to be embarrassed or in- 
terfered with. If Spain be at war with Cuba, the United States will submit 
to those rights which public law concedes to belligerents. But while Spain 
disclaims a state of belligerency, or until the United States may find it neces- 
sary to recognize her as a belligerent, the Government of the United States 
can not fail to look with solicitiido uipon a decree which, if enforced against 
any vessel ot the United States on the high seas, can not but be regarded as 
a violation of their rights that may lead to serious complications. 

" The sixth article of the decree refers to certain rights claimed to be stipu- 
lated by the treaty entered into between Spain and the United States in 1795. 

" The undersigned desires to call the attention of Iilr. Eoberts and of the 
Government of Spain to the fact that the treaty of 1795 confers upon neither 
of the contracting parties any rights on the high seas over the vessels of the 
other in time of peace. 

" The articles of the treaty of 1795 from I to XI, inclusive, define and regulate 
the reciprocal relations and obligations of the parties without reference to 
either party being engaged in war. The portion of the treaty from the twelfth 
article to the eighteenth contemplates exclusively their relations as neutrals, 
the duties and powers of each toward the other when one or the other may 
be engaged in war with a third party. The eighteenth section recognizes and 
regulates the right of visit or of approaching time of war, for the inspection 
of the passport and the identification of the nationality of a vessel of com- 
merce by the vessels of war, or by any privateer of the nation which shall be 
at war. It confers no right ; it limits and prescribes the m.anner of exercising 
a belligerent right when such may exist. 

" The clear object and intent of this provision of the treaty is the avoidance 
of discussion and annoyance and the prevention of abuse or indiscretion in 
the exercise of a belligerent right. Its location in the treaty, the recognition 
of tiie right of a privateer (who has no existence except in war) as having 
the sanie power and right in the particular referred to with a national ves- 
sel of war, and the whole scope and aim of the eighteenth article of the treaty, 
established beyond possibility of question that it refers only to the rights 
which one of the parties may have by reason of being in a state of war. 

" The treaty authorizes nothing but the inspection of the passport of the 
vessel of trade met with, while the sixth article of the decree of General 
De Rodas contemplates a search as to the character of the vessel beyond the 
limitation fixed by the treaty. 

"If Spain be engaged in the war, it is essential to the rights, as well as to 
the definition of the duties, of the people of the United States that they be 
publicly and authoritatively advised thereof and admonished as to their 
obligations and liabilities in their new relation with a friendly power. And 
such admonition admits of no avoidable delay in view of the vast commerce 
that will thus be subjected to restriction, limitation, and possible detention. 

" The undersigned therefore respectfully desires to be informed by Mr. 
Eoberts, at the earliest practicable moment, whether, in the issuance of this 
decree, it is to be understood by the United States that Spain recognizes that 
she is in a state of war and claims the rights of a belligerent. 

" The undersigned has the honor further to say to Mr. Eoberts that the 
Government of the United States can not fail to regard the continuance 
of the decree referred to, or any exercise on the high seas near the Island of 
Cuba, by any vessel of war oi- privateer of Spain, of the right to visit or 
board any vessel of the United States, under color of the provisions of the 
treaty of 1795, as involving the logical conclusion of a recognition by Spain of 
a state of war with Cuba. 

"Before concluding, the undersigned begs to call Mr. Roberts's attention to 
the very grave complication which might ensue from any interference with a 
vessel of the United States engaged in a lawful voyage, passing near the 
Island of Ciiba. The United States maintain the right of their flag to cover 
and protect their ships on the high seas. 

"In conclusion, the undersigned expresses the hope that Mr. Eoberts will 
speedily be at liberty to announce the formal abrogation of a decree which 
causes so much serious apprehension to the Government of the United States, 
3777 



167 

and against whicli this Government feels bound most earnestly to remon- 
strate." 

In deference, as it was understood, to these views expressed by the under- 
signed on behalf of this Government, the decree of the Captain-General was 
modified as follows on the 18th of July, 1S89: 

" In view of the determinations adopted by the Government of the United 
States of America, as reported by his excellency the minister of Spain in 
Washington, under date of the loth instant, and which were published in the 
Official Gazette of the following day, and in order at the same time to re- 
lieve legitimate commerce from all unnecessary interference, in use of the 
faculties which are conferred upon me by the supreme Government of the 
nation, I have determined to modify my decree of the 7th instant, leaving 
the same reduced to the first five and essential articles." 

In consequence of these severe measures against the persons and proper- 
ties of Cubans who shared the opinions of the liberal statesmen of Spain 
respecting the injuries which had been inflicted upon their native country, 
many fled from the island to the United States. And the undersigned can 
not disguise from himself that these Spanish subjects, driven from their na- 
tive country, have attempted to abuse the hospitality of the United States, 
that they have tried to make use of their safety here in order to regain what 
they had lost in Cuba, and that they have been restrained only by the perpetual 
vigilance and zeal of the officers of the United States. Alas, if the ears of 
the ministers of Amadeo and of the republic could have opened to the com- 
plaints of their Cuban friends, what criminations might have been spared us I 

Admiral Polo, in his review of the vessels which, he says, have taken or at- 
tempted to take men and arms from the United States to Cuba, speaks par- 
ticularly of the Mary Lowell, the Salvador, the Grapeshot, the Catherine. 
Wliiting, the Horr^et, the Lillian, the Upton, and the Virginius. He also makes 
reference to the Florida, the Edgar Stuart, the Anna, the Fanny, and the 
V^ebster. 

The imperfect and in many respects erroneous manner in which Admiral 
Polo has referred to the vessels which he has named, and his entire neglect 
to notice the many proofs of the constant vigilance and of the anxious desire 
of the United States to perform all their international duties to Spain, make 
it necessary for the imdersigned to give a, brief review of what was actually 
done by the United States in respect of these matters. 

It may give precision to the review to flrst define succinctly what the 
United States understand to have been their duties toward Spain as a neigh- 
bor and as a friend. 

The repeated references by Admiral Polo to the doctrines laid down in the 
course of the discussion at Geneva induce the undersigned to say at the out- 
set not only that the particular references and citations are from the argu- 
ment of counsel, which in forensic discussions among all nations is permitted 
to take a wider latitude of expression than is usual in official or judicial state- 
ments, which are supposed to express settled convictions;_ but a,lso that these 
discussions at Geneva were predicated upon the admission of a recognized 
state of war; and that if Spain is prepared to concede that there is a state of 
war in Cuba, with belligerent rights in each party to the conflict, and shall 
accede to the three rules set forth in the treaty of Washington, then the 
United States may be prepared to concede to Spain what they claimed of 
Great Britain at Geneva, namely, that their duties as a neutral toward Spain 
as a iDclligerent will not thereafter be fully performed by simply acting upon 
information which may be furnished by Spanish agents, without themselves 
originating any action; that, in the language of their own countercase at 
Geneva, "they would not thereby be relieved from the duty of an independ- 
ent, diligent, and vigilant watchfulness in order to prevent evil-disposed 
Ijersons from violating their neutrality." 

But the undersigTied is also constrained to insist that the idea of neutrality 
in international discussions is inseparable from the idea of a belligerency to 
which the neutral is not a party; and to repeat that he is unable to compre- 
hend how propositions for the regulation of the conduct of a neutral in a 
state of war can be pertinently applied to the conduct of one sovereign state 
toward another friendly sovereign state in time of peace. Thus, when Peru, 
between whom and Spain a state of war existed, reciuested the United States 
to detain a large number of vessels of war which certain contractors were 
constructing within the territories of the United States for Spain, it became 
the duty of the United States to detain the vessels; but, when the assent to 
their release was given by PeriT, it was not regarded by Spain or by the 
United States as any violation of international duty to permit the vessels to 
be constructed and delivered and dispatched, notwithstanding the existence 
of an armed insurrection against Spain in Cuba. Nor can it be claimed that 
the United States have been guilty of any neglect or want of duty in allow- 
ing Spain on more than one occasion to make use of their public dockyards 
for the preparation of vessels of war. 

So far as relates to the past, Spain has never been willing to concede that a 
state of war exists in Cuba. The rights and duties of the United States to- 
2777 



163 

ward Spain, therefore, from tlie commencement of tlie insurrection, are to 
be measured by the rights and duties of one nation toward another in case an 
insnrrection exists which does not rise to the dignity of recognized war. 

V7hat one power in sticli case may not knowingly permit to be done toward 
another power, without violating its international duties, is defined with suf- 
ficient accuracy in the statute of 1818, known as the neutrality law of the 
United States. 

It may not consent to the enlistment within its territorial jurisdiction of 
naval and military forces intended for the service of the insurrection. 

It may not knowingly permit the fitting out and arming or the increasing 
or augmenting the force of any ship or vessel within its territorial jurisdic- 
tion, with intent that such ship or vessel shall be employed in the service of 
the insurrection. 

It may not knowingly permit the setting on foot of military expeditions or 
enterprises to be carried on from its territory against the power with which 
The insurrection is contending. 

The learned and accomplished minister of Spain, toward the close of his 
able discussion of this subject, cites the authority of Lord Palmerston to es- 
tablish that a sovereign power "should not permit its territory to be made 
use of as a place of shelter from which communication should be carried on 
for the purpose of disturbing the tranquillity of the neighboring states." 

These duties of good neighborhood were recognized by this Government 
more than a quarter of a century before Lord Palmerston made the speech 
referred to by Admiral Polo; and the neutrality law of 1818 was then enacted 
for the purpose of defining the acts of disturbance which should be prevented, 
and of providing a punishment for such persons as might be found to be guilty 
of them. 

But a friendly government violates no duty of good neighborhood in allow- 
ing the free sale of arms and munitions of war to all persons, to insurgents 
as well as to the regularly constituted authorities; and such arms and muni- 
tions, by whichever party purchased, may be carried in its vessels on the 
high seas, without liability to question by any other party. In like manner 
its vessels may freely carry unarmed passengers, even though known to ba 
insurgents, without thereby rendering the government which permits it liable 
to a charge of violating its international duties. But if such passengers, on 
the contrary, should be armed and proceed to the scene of the insurrection 
as an organized body, which might be capable of levying war, they consti- 
tute a hostile expedition which may not be knowingly permitted without a 
violation of international obligation. 

During the late Franco-German war each party was free to purchase arms 
and munitions of war in this country, and did so, and Frenchmen v/hose 
hearts were with their struggling countrymen at home, or Germans who 
wished to join the invading armies of Germany, were free to leave the shores 
of the United States for that purpose, so long as they left as private citizens, 
unarmed, and without engagement made in this country to enter the service 
of a belligerent. They did thus leave, in vessels of several different nation- 
alities. Neither this Government nor any other neutral government which 
may have allowed its merchant marine to transport the arms and munitions 
of war or the passengers to Europe was guilty of a violation of its duties as 
a neutral. 

Even recognized war, therefore, can not oblige neutral nations to contract 
the right of their citizens to engage in such commerce which is lawful in 
time of peace, or to abridge the Tiberties of persons enjoying the protection 
of their flag to such a point as to render illegal either of these proceedings, 
although in time of actual war the transportation on the high seas of articles 
known as contraband of war is to be made subject to the right of capture. 
But in time of peace no vessel of war has the right to capture, or even to in- 
terfere with, molest, or detain upon the high seas, a regularly documented 
vessel of another power. 

This doctrine is not new in the intercourse of nations. 

On the 10th day of April, 1858, Idr. Cass, then Secretai-y of State of tho 
United States, wrote to Lord jSFapier, the envoy of Great Britain: 

" Undoubtedly a right vested in the armed cruisers of one state to stop and 
examine the merchant vessels of another might be so exercised as to contrib- 
ute toward the suppression of crimes upon the ocean. But this power of 
armed intervention might also be exerted at the expense of the maritime 
rights of tho world. Such an exercise of force, so liable to be abused, will 
never meet the concurrence of the United States, whose history aboiinds 
with admonitions warning them against its injuries and dangers. They have 
no disposition to surrender the police of the ocean to any other power, and 
they will never falter in their determination to enforce their own laws in 
their own vessels and by their own power, and to oppose the pretensions of 
every other nation to board them by force in times of peace. * * * 

'■To permit a foreign officer to board tho vessel of another pov^er, to as- 
sume command in her, to call for and examine her papers, to pass judgment 
upon her character, to decide the broad inquiry whether she is navigated 

2-?7 



169 

according to law, and to send lier in at pleasure for trial, can not be sub- 
mitted to by any independent nation withoiit in.jiiry and dishonor. The 
United States deny the right of the cruisers of any other power whatever, 
for any purpose whatever, to enter their vessels by force iu time of peace. 
No such right is recognized by the law of nations. As Lord Stowell truly 
said, ' I can find no authority that gives the right of interruption to the navi- 
gation of states upon the high seas escept that which the right of war gives 
to belligerents against neutrals. No nation can exercise a right of visitation 
and search upon the common and unappropriated parts of the ocean except 
upon the belligerent claim.' " 

On the 8th of June, 1858, Mr. Dallas, the minister of the United States in 
London, had an interview with Lord Malmesbury at the foreign office on the 
subject of the detention and visitation of documented vessels of the United 
States by British cruisers on the high seas. Lord Malmesbury furnished Mr. 
Dallas with a written minute of the conversation which then took place: 

" Her Majesty's Government are not prepared to justify or excuse such acts 
on the part of their officers as have been complained of by the United States 
Government, if they are truly reported. Her Majesty's Government recog- 
nize the principles of international law as laid down by General Cass in his 
note of the 10th of April, and that nothing of the treaty of 1843 supersedes 
that law. Her Majesty's Government, however, think it most indispensable 
in the interest of civilization and the poKee of the seas that there should be a 
power of verifying the nationality of a vessel suspected, on good grounds, of 
carrying false colors. 

" Her Majesty's Government would wish to learn from the United States 
Government their views in detail on this point, in the hope that some mutual 
arrangement, by way of proceedings to be execiited by our respective offi- 
cers, may be found effective without being offensive. The French have lately 
proposed and laid down this one, viz, that a boat may be sent alongside of a 
suspected ship, and may ask for papers, but not, unless invited, board the 
vessel. Such is our arrangement with France. Lord Malmesbury has given 
Mr. Dallas a copy of our instructions to our officers. Pending our negotia- 
tion on the above point, orders will be given to discontinue search of United 
States vessels." 

On the 16th of the same June the Senate of the United States unanimously 
adopted a resolution — 

" That American vessels on the high seas, in time of peace, bearing the 
American flag, remain under the jurisdiction of the country to which they 
belong, and therefore any visitation, molestation, or detention of such ves- 
sel, by force, or by the exhibition of force, on the part of a foreign power is 
in derogation of the sovereignty of the United States." 

It is also understood that the enlightened Government of Spain has, in the 
recent case of the Deerhotmd, recognized the justice and force of the principle 
thus established in practice by France, Great Britain, and the United States. 

That vessel was dispatched from Plymouth, England, with a cargo of arms, 
ammunition, and military clothing, destined for the Car list insurgents in the 
north of Spain. She was captured by a Spanish cruiser on the high seas ofi: 
the coast of Spain and taken into port. Lord Granville demanded her re- 
lease, saying: 

"Her Majesty's Government can not acquiesce in the competency of the 
Spanish Government to refer to a prize coiirt the case of the Deerhotmd; 
neither can Her Majesty's Government admit that legal jurisdiction can be 
assumed by the Spanish Government over a British ship which, in time of 
peace, has been seized upon the high seas by a public ship of Spain." 

The Government of Spain surrendered the Deerhound, and Mr. Carvajal 
informed the representative of Great Britain— 

" That if her release was agreed upon, it was only because of her having 
been captured in neutral waters." 

The learned minister of Spain seeks to maintain, by a citation from an emi- 
nent English publicist, that this right of transportation may be subordinated 
by the necessities of self-preservation in the government which is contending 
with an insurrection. It is not necessary for the undersigned to assent to or 
to deny the justice of this proposition in the extreme case and with the great 
limitations stated by Sir R. Phillimore. But the acute intelligence of Admiral 
Polo can not fail to perceive that the supposed act of self-preservation is none 
the less an act of war because alleged to be done iu self-defense; and the 
undersigned can not permit himself to assume that Spain maintains that such 
an invasion of the territory of another power as Philhmore refers to would 
confer upon the courts or military authorities of the invading nation the 
right to try and condemn, for alleged crimes, persons who might be cap- 
tured on neutral soil. In the case of the Virginius, had Spain, after her cap- 
ture by the Tornado, restored her and her passengers and crew to the United 
States, to be dealt with according to their laws, the appropriateness of the 
citation from the British publicist would appear to be more manifest. 

Admiral Polo also cites an extract from a speech by Lord Lyndhurst in the 
2777 



i>70 



Eonso of Lords, in March, 1853, in Trhicli the learned jurist endeavored to 
convince that distinguished body that by the laws of England — 

'■■ If a number of British subjects were to combine and to conspire together 
to excite revolt among the inhabitants of a friendly state, and those persons, 
in pursuance of that conspiracy, were to issue manifestoes and proclamations 
for the purpose of carrying that object into effect; above all, if they were to 
subscribe money for the purpose of purchasing arms to give effect to that 
intended enterprise, such persons would be guilty of a misdemeanor, and 
liable to suffer punishment, and that foreigners residing in England are pun- 
ishable by the common law precisely in the same m.anner, and to the same 
extent, and under the same conditions as natural-born subjects." 

In view of events which have taken place since that speech was delivered, 
the undersigned might, were it necessary, feel disposed to doubt whether 
Lord Lyndliurst correctly interpreted English law, as understood by its ad- 
ministrators. But it is needless to dwell upon that consideration, because, 
as the undersigned has already pointed out, the United States have not left 
the character of that class of acts to be determined by unwritten common 
law, bTit have provided by statute which of them, if committed, should be 
regarded as criminal, and punished accordingly. 

in the same connection Admiral Polo refers to 0. decision of a British court 
respecting the law of libel. It is not understood what precise bearing upon 
the present discussion this reference is intended to have. If it be intended 
to suggest the propriety or the expediency of limiting the freedom of public 
discussion in the United States upon the Cuban ins'arrection, the reply must 
be courteous but peremptory and distinct, that the suggestion can not be 
entertained. This Government tolera,t8s the greatest freedom and latitude 
of discussion of public subjects. It even permits, without objection, a jour- 
nal in New YorS, which is currently reported to receive pecuniary support 
from oiScial Spanish sources, to indulge in language vulga,rly abusive and 
libelous toward the President of the United States and the undersigned, and 
calculated to excite disrespect toward the Government and to destroy confi- 
dence in the institutions of the country. 

The amiable and just minister of Spain will not ask a Government which 
permits such freedom in a foreigner to restrain its own citizens within nar- 
rower limits. And it will probably occur to him that a comparison of the 
tone, temper, and modes of expression of the journals of this country (where 
310 censorship prevails) toward Spain with those of the journals of Madrid 
and Habana (where it is understood that the Government assumes the respon- 
sibility of controlling what shall a.ppear) toward the United States will shov/' 
that the American press is quite as temperate, wise, moderate, and just as is 
the Spanish. 

The undersigned will now proceed to show that the United States have 
faithfully performed all their international duties toward Spain during the 
existing insurrection. 

Mr. HALE. I move that the Senate adjourn. 

The motion was agreed to; and (at 5 o'clock and 40 minutes 
p. m.) the Senate adjourned until to-morrow, Wednesday, March 
18, 1896, at 12 o'clock meridian. 



March 23, 1896. 

Mr. MORGAN. Will the Senator allov/ me to ask him a ques- 
tion? 

Mr. PALMER. Certainly. 

Mr. MORGAN. A paper was sent here by T. Estrada Palma, 
Y\^lio claims to be the agent of the Republic of Cuba, to Hon. 
Richard Olney, Secretary of State of the United States of America, 
who has communicated that to Congress, first to the Committee 
on Foreign Relations. It has been printed, a,nd contains a full 
statement of the constitution and organization of the Government 
of the Republic of Cuba, giving its i^ersonnel, all the provisions 
of law in reference to it, and several general acts passed by that 
government, which have been heretofore placed in the Record. 
I suppose, however, the Senator from Illinois has not observed it. 

Then I hold here a letter written by Mr. Cisneros, the President 
of the Republic of Cuba, addressed to the people of the United 
States, in which he sets forth what he is doing there in the way 
2777 



171 

of civil goveniraent, aud also presents a very earnest apijeal to the 
people of the United States to grant belligerent rights to the Re- 
public of Cuba. Those papers were sent by a correspondent of the 
Star, and I conamtinicated with Mr. Crosby Noyes, whom we all 
know — the Senator knows him perfectly well — long a resident of 
this city, a man of great capacity and ability and high character. 
I asked him whether or not those papers and the letter of Mr. 
Cisneros to the people of the United States were genuine, and he 
says as follows: 

Deats, Sir : The authenticity of the Cisneros manifesto f iTrnished to the 3 tar 
by Captain Mannix is unqnestionahle. Had there been any manner of doubt 
about its authenticity it would never have appeared in the Star. All the 
internal evidence and all ve know of our correspondent's nndoubted facili- 
ties for communication with the insurgents confirm this and other important 
information concerning' the doings and sayings of the Cuban leaders. 

I would furnish these papers to the Senator from Illinois so that 
he could know exactly the situation there, but they were furnished 
to the Senate some time ago. 

Mr. PALMES. To the extent that those papers are contained 
in the most admirable speech of the Senator from Alabama [Mr. 
MORGAiS"] I may say that I am familiar with them. I haye read 
his speech with a great deal of interest and with the most earnest 
desire to concur with him not only in his argument but in his con- 
clusions; and if 1 were not standing here as one of tlie representa- 
tives of 4,000,000 people, whose interests to this extent and in this 
day are in my keeping and to whom I am responsible, I would 
concur in much that has been said by the Senator from Alabama. 
In the beginning of this m.atter when the subject of the Cuban 
revolution was presented to me I sympathized with them. But I 
remember to-day that standing here I have no right to indulge in 
other sympathies than such as I may commit the people of the 
State of Illinois to maintain. 

Mr. MORGtAN. Would it suit the convenience of the Senator 
if I should send Cuba's appeal to the desk and have it read? 

Mr. PAIiMER. Very well, 

Mr. MORGAN. I ask the Secretary to commence with the 
second column. 

The VICE-PRESIDENT. The Secretary will read as indicated. 

The Secretary read as follows: 

Republic of Cusa, Executive Headquarters, 

Cubitus Mountain, February 1. 
To the American people: 

The infant and struggling Republic of Cuba appeals to the grand and pow- 
erful Union of American States. 

Undoubtedly this action is most unusual in the history of nations, but be- 
cause of the international standing of the Cuban Republic — more correctly 
because it has no recognized place among the powers of the world— are wa 
thus compelled to appeal informally and through the medium of the press 
directly to the people". 

Indeed, it is that international standing that we are now seeking, that we 
now ask the American nation to give us, and that wo pray it will see fit to 
grant in the name of liberty and of justice. 

Why do wo ask the American people alone to hear us, and why do we not 
address this document to the entire world? The answer is well known. We 
call to the people who have themselves suffered oppression and felt the iron 
heel of the tyrant. We call to the nation of heroes who threw off the slavish 
yoke, and who signaled to the downtrodden of the earth that the beacon light 
of liberty in America would never grow dim, but would throw its rays across 
the oceans to strugglers for freedom in other lands. Vf e call to the natioa 
that has ever greeted with open arms the honest exiles from far and near; 
the nation that gave hope to Poland and succor to Ireland; the nation that 
drove monarchy from Mexico and Hawaii, and so nobly and faithfully shielded 
our southern sister, Venezu.ela. 
S777 



172 

To T^liom would we appeal if not to America? To what land if not to that 
of Washington, of Jefferson, of Monroe, of Jackson, of Grant, of Blaine, of 
Cleveland, and the immortal Lincoln? 

CUBA'S SECOND STRUGGLE. 

The present is Cuba's second struggle for liberty. From 1868 to 1878— ten 
long, suffering years— a little band of patriots fought gallantly on. While 
the' wrongs then were as great as they now are, the Cuban people did not 
rise as they have risen in this war to throw off the Spanish yoke. The thirst 
for liberty which permeates the island to-day was unknown then, except to 
a small minority of the people, and after ten years of warfare the end came; 
but it did not bring success. 

But even then Spain made promises to the Cuban people tha^t she did not 
propose to fulfill, and from that time the island has suffered as no other sec- 
tion of the earth has in the same period. Spain claims she holds Cuba by 
divine right. Such were her pretensions with regard to all her American 
possessions; but a Divine hand liberated those same possessions, and to-day 
they are free and independent republics of the New World. 

SPAsriSH MISREPRESE^S^TATIOSr. 

The Spaniards have raised the cry abroad that the Cuban re bellion is merely 
an uprising of negroes. There is no truth in this as stated. It is not a negro 
uprising nor a Vfhite uprising, but a rebellion of the people of Cuba against a 
cruel and unrelenting despot. But even if it were a negro rebellion, would 
the people of the United States frown upon It? 

The answer to that question is told by the firing upon Fort Sumter, the 
war of 1861 to 1865, the million of graves in the southland and the God-inspired 
proclamation of Abraham Lincoln. Was not the freedom of the black man 
announced in that undying language used by the martyr President? And 
did not the blood of a million American freemen stain grassy mounds in the 
now loyal and patriotic South, writing in eternal words the emancipation of 
the black man? 

The world knows the noble yet fearful history. Spain knows it, and when 
her representative in the capital of the United States says the Cuban rebel- 
lion is a negro movement entirely he not only falsifies, but he insults the 
memory of "the grand army of the dead. 

We are proud to have our colored brothers with us in this glorious strug- 
gle for freedom; for Cuba, when free, will be like the land of V/'ashington, 
where every man worthy of citizenship will be accorded the full rights of 
civil and religious liberty. 

THE raGHTS OF BELLIGERENCY. 

We ask the American people to grant us, through their President and Con- 
gress, those rights of belligerency to which, according to the laws of war and 
of nations, we are entitled'. Our armies have marched whither they might 
throug;hout the entire island, and for weeks have threatened the stronghold 
of Spain's power in Cuba. 

Must we capture Habana and drive Spain's hirelings across the sea before 
we are even given the right as men to fight for that priceless gift which God 
destined should be universally divided among his children? . Must we gain 
our independence before we are accorded the sa,netion of the world to labor 
for it? 

THE REPUBLIC ESTABLISHED. 

The Cuban republican Government of the island is a firmly established in- 
Btitution. Covering considerably over one-half of the area is the civil branch 
of our authority, with regularly appointed governors of different sections, 
prefectos in subdivisions, etc. Of course, Spanish formalities are still fol- 
lowed to a great extent in the administration of the local governments, for a 
complete change of method in a few months would be too radical. 

Here in Cubitas are the head officers and chief departments of the repub- 
lic. Here we are able and most willing to receive representatives of the 
United States or other nations. 

On all grounds of diplomatic and international usage the Cuban Republic 
is entitled not alone to recognition of belligerent rights for its armies now 
in the field, biit to actual independence. Still we do not ask that the latter 
be accorded us at present. All we wish now is to be looked upon by the 
Government of the United States as men and soldiers battling for their 
birthright. We do not wish to appear in the eyes of the world like bandits 
and rabble. 

Is Spain entitled to consideration at the hands of a modern, civilized, and 
highly progressive nation? Does her misrule of Cuba for a century commend 
her to the hearts and minds of men? Are her hirelings here to lift up and 
educate the Cuban and make his beloved island prosperous? Ijnrler the ac- 
cursed flag of Castile will not freedom's muflied shrieks still be heard on the 
2777 



173 

American hemisphere? Will not the continuance of her supremacy in Cuba 
mean the perpetuation of meditsval institutions, the downtrodding of right 
and equity, and the upholding of all that to men of the nineteenth century is 
debased and barbaric? 

People of the free and glorious United States, Cuba appeals to you I She 
asks that you raise your voice in her behalf. She asks that you annoiince to 
the world that at least as against the tyrant she be given an equal chance. 
Cuba, the bleeding, appeals to her American sisters. She does it in the name 
of God, of justice, of civilization, and of America. 

SALVADOR CISKEEOS-BETANGOUET. 

Mr. MORGAN. I hope the Senator from Illinois will allow me 
to say that although I have been raised from my childhood in a 
Southern community, among slaves and slaveholders, I applaud 
and approve every word in that splendid appeal of Cisneros to the 
American people. 



Marcli 2 J,., 1896. 

Mr. MORGAN". Mr. President, I wish to add a very fev^r words 
to what the Senator from Texas [Mr. Mills] has said. I want to 
say that I do not consider any time is wasted by the Sena,te of the 
United States in coming to a full bnov/ledge of the situation that 
we are now dealing v/ith. There is something more in this case 
than even the power to arouse the majestic and splendid and bril- 
liant oratory to v/hich we have just listened. There is a great 
deal of seriousness in it; there is a great deal of truth in it, of fact 
in it; and it seems that the Senate of the United States requires at 
the hands of certain gentlemen v/ho have expressed opinions on 
this question, as they also have expressed opinions, that vie shall 
continually esert oui'selves to lay the evidence before the country 
upon which all of ou.r proposed action is based, it makes no dif- 
ference in what particular direction it may be exercised. 

I desire, for a very fevi^ moments, to put into the Record some 
facts for the consideration of this body and also of the other House 
of Congress, i must quote from an American nev/spaper. It 
seems that in certain quarters that only source of information of 
which we are possessed is being continually questioned as to its 
truthfulness. I regret very much to find that that accusation 
rests upon the whole American press, as far as I have observed, 
for there is no dissent among the newspapers as to the facts that 
come from Cuba. I have j^et to see a single statement in contra- 
diction of the reports which have been made in the various nev/s- 
papers of this coumtry by the very intrepid men who have gone 
out there and exposed their lives and their liberties for the pur- 
pose of gaining information that Ave can not othervnse gain. I 
have a quotation here from an English paper as well as from an 
American paper as to the situation in London: 

Loi^BON, March 2h. 

The Standard has a dispatch from Madrid, which says: 

" The Epoca has two articles which are supposed to reflect the opinion of 
the cabinet and which have been much noticed. The first challenges the 
United States to doff its mask and display its true colors. If they want war, 
the Epoca says, Spain is ready to face it with becoming dignity. Otherwise, 
it advises the American politicians to desist from their vexatious debates 
and cover the hostility. 

" The second article reviews Spain's chances of a European alliance. 

"The other papers have similar patriotic articles, it is evident that- the 
Government will refuse to allow an American commission to go to Cuba, 
because such a concession on the eve of the elections would damage Spa,nish 
prestige." 
2777 



174 

This is an extract from the London Standard. 

The PRESIDING OFFICER (Mr. Blackburn in the chair). 
Will the Senator from Alabama yield? The hour of 2 o'clock hav- 
ing arrived, the Chair lajs before the Senate the unfinished busi- 
ness, which will be stated. 

The Secretary. A bill (S. 502) to approve a compromise and 
settlement between the United States and the State of Arkansas. 

Mr. BERRY. I ask that the unfinished business be temporarily 
laid aside, without iDrejudice. 

The PRESIDING OFFICER, is there objection to the request 
of the Senator from Arkansas? 

Mr. HALE. Mr. President, I do not object 

Mr. CULLOM. I want to say that I shall insist, as soon as the 
Senator from Alabama concludes his brief remarks, as I under- 
stand he desires to speak briefly, that the legislative, executive, 
and judicial approioriation bill shall be taken u^) for consideration. 
I hope there v/ill be no opposition to that course. 

The PRESIDING OFFICER. The Senator from Arkansas asks 
unanimous consent that the unfinished business which has just 
been laid before the Senate may be passed over without prejudice. 
Is there objection? 

Mr. CULLOM. I have no objection to that. 

Mr, HALE. I merely want to say that I do not object for the 
purpose of taking the Senator from Alabama off his feet; but I call 
attention to the fact that yesterday, at the request of the Senator 
from Ohio [Mr. Sherman], in charge of this subject-matter, it 
was withdrawn from the consideration of the Senate and recom- 
mitted practically to the committee of conference, with the gen- 
eral understanding, I suppose, that debate would be suspended 
until the conference committee should again report. I did not 
object to the Senator from Texas coming in tiponliis joint resolu- 
tion, and I do not now, as I have said, seek to take the Senator 
from Alabama from the floor; but I do insist that at the end of his 
remarks upon the joint resolution it shall take its parliamentary 
course and go to the Calendar, i make the point now, so that if I 
am not here at the end of the Senator's rema,rks, the joint resolu- 
tion shall take that course. 

The PRESIDING OFFICER. There is no objection to the re- 
quest of the Senator from Arkansas, and it is agreed to. 

Mr. MORGAN. Mr. President, the Senator from Texas has 
brought forth a new i^hase of this subject, one that has not hith- 
erto been in charge of the Senate or before the Senate. He pro- 
poses that we shall go to the Government of Spain and demand of 
her that she shall give autonomy to Cuba, a government correspond- 
ing, I suppose, in some of its characteristics perhaps very closely, in 
the contemplation of the Senator from Texas, with that of Canada 
on the north, and, in the event that Spain refuses to grant such 
autonomy to Cuba, that the American Government will use what- 
ever force may be necessary to expel Spain from that island and 
take possession of it, so that the people there may have a fair op- 
portunity to determine for themselves what form of government 
they will have. 

That subject has not been before the Senate of the United^States 
in that form, or in any form, up to the present moment of time. 
Up to the time when the Senator from Ohio asked in the Senate a 
disagreement to the amendment of the House, after an agreement 
had been suggested by the committee of conference on the resolu- 
tions, we had expressed nothing but opinion. We had confined 
2777 



175 

ourselves entirely to that domain. We had. proposed no measure 
which would be binding upon the people of the United States in 
any sense whatever. It v/as the response of Congress to the opin- 
ion of the people as expressed in the petitions sent to us that we 
chq_se to utter. 

Islow, for that cause, as we expected would be the case, only be- 
cause the Senate and the House have concurred in the opinion that 
a state of public war does exist in the Island of Cuba and that those 
people are entitled to belligerent rights — for that and for nothing 
more — came from the Spanish authorities in Madrid the declaration 
which I have just read to the Senate, showing tha,t they regard 
this as an act of hostility on the part of the Government of the 
United States. We have disclaimed in every form that it was pos- 
sible to make a disclaimer that we had any hostile intentions toward 
Spain, that we were acting outside of the line of our duty, even 
if we had progressed to the extent that I claim we shall progress, 
to a resolution that is now lying upon the table, of a pure recog- 
nition of belligerency and the existence of war in Cuba, and the 
rights of Cuba and Spain as belligerents, and our rights and our 
duties as neutrals in that war. 

My object in taking the floor this morning is to call attention 
to a matter of history with which I was not familiar at the time 
that it was occurring. Unfortunately the people of the Soiithern 
States at that time were themselves occupying the attitude of 
belligerents in what was termed by the Government of the United 
States a treasonable insurrection against the flag and Constitution 
of the country, so that v/hat transpii'ed in the United States at 
that time with the Government of the United States was entirely 
unknown to ns. 

Spain came forward at an early moment, as I am informed, 
before a gun had been fired, or at least before any great battle had 
been fought, and she recognized not the independence but the 
belligerency of the Confederate States. She did not undertake in 
that recognition of belligerency to demarcate the States or the 
parts of States that were regarded by the United Sta,te3 as being 
in insurrection, but she took the whole area without reference to 
State boundaries, and wherever the Government of the United 
States had recognized the fact that insurrection existed Spain rec- 
ognized the fact that lawful belligerency existed, thereby entirely 
dissipating the argument which has been made here, I believe by 
the Senator from" Louisiana [Mr. Caffery], that the recogni- 
tion of belligerency extended only to the area where war actually 
prevailed, and that we had to make a demarcation of boundary 
before we could recognize that the Cuban Eepiiblic was engaged 
in a state of belligerency. 

Mr. President, w^hat I rose for was to call the attention of Con- 
gress to the situation of the United States at the time that she was 
conducting war for the purpose of putting dov/n the rebellion and 
after Spain had recognized the belligerency of the Confederate 
States. I confess when my mind was first brought to consider 
this question I was somewhat piizzled to understand why it was 
that Spain should have been so magnanimous toward the Confed- 
eracy and should have been so active in her disposition to recog- 
nize the belligerency of the Confederate States. 

We had an institution in the South in common with one that 

existed in Cuba and Puerto Rico at that time, the institution of 

slavery. But, sir, Spain very soon after, if not even before, the 

time that she recognized the belligerency of the Confederate States 

27T7 



176 

had set about with a determined purpose, as it appeared, to do two 
things. One was to establish a republic and the other was to 
emancipate the slaves. So General Grant when he came into 
power afterwards recognized that the war that was being con- 
ducted there was really a war for the emancipation of slaves, and 
it was conducted by the Spanish Government with that pledge 
attending every act of hostility that was inflicted upon the people 
of Cuba. 

The consultation of the authorities, the correspondence between 
our minister in Spain and the Government of the United States 
during the struggle of which I have been speaking, discloses the 
reasons why Spain recognized the Confederacy. She thought, first 
of all, that she would have an ally in the Confederacy to protect and 
preserve slavery, after she had consented, even in Spain, that it 
should be abolished, that it would be restored, for, mark you, in 
regard to political rights and rights of v/ar and rights of conquest 
Spain acts and has always acted upon the theory that once she 
has been stripped of a province or of a povv'cr she has always a 
right to go to war to recover it. 

M^ hat did she do in the case of Mexico? Thirteen years after 
the Republic of Mexico had been recognized, without any pretest 
of w^ar at all arising in the course of her relations or transactions 
in Mexico, she sent her fleets and her armies there to try to recover 
that territory. Her declaration of war against Mexico was based 
entirely upon the fact that Mexico had once been her property, 
and having once been her property was always subject to recla- 
mation. 

But Spain went further than that, Mr. President. Very soon 
after our war began Spain went and took possession of San Do- 
mingo, occupied it, and held ib until the war with the LTnited States 
was closed or was about to close. V/hydid Spain invade San Do- 
laingo while our war was going on? Because she expected by 
establishing her power in San Domingo to check the power of the 
United States or the influence of the United States in Cuba, and 
through that instrumentality, getting on the flank of the United 
States and of Cuba, she expected, if the Vv^ar resulted in favor of 
the rebellion, that everything would be straight on principle and 
on sentiment; if it resulted, however, in favor of the United States 
Government, that she would then have a military possession in San 
Domingo that would enable her to check any advance of the United 
States in that direction. 

Spain was not alone among the European governments in assail- 
ing the United States on that occasion. She had a number, if not 
of allies, at least of sympathizers in Europe who took advantage 
of the struggle in the 'United States to come and plant themselves 
or attempt to plant themselves on different parts of the American 
Hemisphere. We find that Great Britain had already occupied, 
in the name of the Mosquito King, the mouth of the San J uan 
Eiver to command our communications with the Pacific. Wo 
find that Austria and France and Great Britain and Spain started 
out together for the purpose of hunting Mexico to death and re- 
claiming that territory while our war v/a s going on . After a while 
Spain and Great Britain dropped off. They came under the pre- 
text of collecting interest on bojids, when everyone knew that their 
determination was not merely to do that, but to acquire the terri- 
tory of Mexico and put it under some sovereign crown, to be ruled 
by a prince of the blood brought from Europe. Maximilian, hav- 
ing been elected, as he said, under a plebiscite in Mexico, came at 

S777 



177 

last, under the auspices and. protection of the Emperor of France, 
to occupy Mexico. But on all hands everywhere our great Secre- 
tary of State, Mr. Seward, had to wrestle with almost every im- 
portant European power except Russia in trying to maintain the 
integrity of American soil for the government of her own people 
according to their own will in trying to maintain the integrity of 
republics on this hemisphere and to prevent them from being sup- 
planted vfith monarchies. 

Mr. President, I want to' read a very few selections from some 
of the correspondence that took place at that time tipon this ques- 
tion. The charge was made by Spain against the United States 
that we had negotiated a secret treaty for the purpose of acquiring 
the Bay of Samana, a. very important piece of water, surrounded 
by a very important piece of land, when considered either in respect 
to its commercial value or its strategic value for naval war x>nr- 
poses. Mr. Seward, on the 23d of November, 1863, a time of very 
great anxiety with the Government of the United States, said, in 
a letter to Mr. Koeruer, our minister at Madrid: 

The idle calumny that the United States have stirred up and are giving aid 
to the revolutionary movements now occurring in the Island of San Domingo 
wonld not be thonght worthy of notice if it had not been presented to me by 
Mr. Tassara. I give yon for your information a copy of the correspondence 
which has been held on that subject between him and this Department. I 
am further not unwilling to have an occasion to let it be known to Spain, as 
well as to other nations, how faithfully we practice the duties as well as 
assert the rights of a sovereign state. The United States neither contrive, 
nor aid, nor encourage, nor mis themselves up in civil or international wa.rs 
of other nations. They submit their record on this matter to the examina- 
tion of the world and challenge contradiction of its verity. Y ou may express 
yourself to this effect, and even to this extent, if occasion should arise in your 
conversations with the Marquis of Miraflores. 

That is dated November 23, 1863. There Mr. Seward discovered 
in the correspondence that was being conducted that the Govern- 
ment of the United States was being accused of improper inter- 
ference for the purpose of acquiring some occupancy in the West 
India island. On the 14th of February, 1884, Mr. Koerner writes 
to Mr. Seward as follov/s: 

!It is reported upon pretty good authority that a commis.sion will be sent 
there to make a thorough investigation into the condition of affairs. 

That is, to Santo Domingo. 

Letters from the island, freely published in the papers here, represent a 
thorough conquest and the restoration of lasting tranquillity there as impos- 
sible. It is easy enough for the Spanish troops to subdue the insurgent places 
near the coast, where such troops can be subsisted by the fleet. But the in- 
terior is said to be so thinly peopled, so little cultivated, so densely covered 
by primeval forests, so destitute of roads_, that no armies can penetrate into 
the country, v/here bands of natives exist with ease, ready to issue forth 
whenever an opportunity offers to assail the Spanish ports. 

That gives the state of the war between Spain and Santo Do- 
mingo while our war was progressing, February 14, 1834. What 
v/as Spain doing there making war upon Santo Domingo? That 
will appear a little later. 

I have a number of extracts which I should like to read, but 
under the admonitions in regard to the waste of time here and con- 
sidering other matters, I shall not do it; but I could not forbear 
the opportunity of laying these matters before the Senate and the 
country in order to show tha,t the motive of Spain toward the 
United States, while our war was going on, in recognizing the bel- 
ligerency of the Confederate States, was a motive connected with 
her determination to sieze whatever of territory she could in the 
2777-13 



178 

time of otir distress and paralysis and liold it after our struggle 
bad ended. 

On January 31, 1865, Horatio J. Perry, who was tlien ctir min- 
ister at Madrid, wrote to Mr. Seward as follows: 

Legation oit the United States, Madrid, January SI, tSG3. 

Sir: The debates in the Spanish Senate, which have run over a period of 
alaont twenty days, have been unusually interesting. 

On the qiiestion of the reply to the Queen's speech, senators of the opposi- 
tion have taken occasion to review the whole policy of the Government. 

Attacked on the questions of the abandonment of Santo Domingo and the 
plan for the relief of the treasury by the adherents of O'Donnell, with that 
leader at the head, and on the question of the encyclical letter of the Pope 
and general policy of ministers toward Eome and Italy by the new Catholic 
orators, I have rarely witnessed a debate in which there has been more vigor 
and persistence shov/n in the attack, or a cooler and more solid ability dis- 
played in the defense. The orators of the Government have had the best of 
the argument on every point, but the struggle has been severe. 

The name of the United States has been used as a bugbear by the orators 
of the opposition, vfho claimed that the occupation of Santo Domingo by the 
Spaniards was the only way of averting the annexation of Dominica to the 
United States and the consequent ruin of Spanish interests in the West In- 
dies. The Duke of La Torre, the same Ca.ptain-General of Cuba who made the 
arrangement with the Dominican general, Santara, was the loudest in this 
argument. 

The Marquis of Valdeterrazo, minister of Spain to London in 1860, made the 
declaration of which I inclose a translation. 

The Marquis of the Habana (General Concha), who has been twice Captain- 
General of Cuba, and is now out with O'Donnell, defended- the policy' of aban- 
donment, and said that the United States had long ago refused the annexation 
of Dominica (referring to the Oazneau treaty), and that Spain had taken 
them up only after they had been refused by other powers. 

The Duke of La Torre (General Servaro) spoke strongly in favor of a decla- 
ration by Spain that the slave trade is piracy, and wanted steps to be imme- 
diately taken for the abolition of slavery in Cuba. 

The Marquis of Habana desired the extinction of slavery, but preferred 
measures like those which Brazil had taken to suppress the slave trade, and 
which had been successful in two years. 

He said that if there were anything to be apprehended from the side of the 
United States, or from any quarter, as a military man he must say that he 
thought the policy of Spain ought to be to concentrate her power as much as 
possible; and the possession of Santo Domingo added no strength to Spain, 
but was a decided source of weakness. The resources of Cuba were uselessly 
employed in Santo Domingo, and they might be needed in that island itself. 

The debate was closed last evening, and the reply to the Queen's speech, 
being put to the vote, passed the Senate by a vote of lO.'J for and 58 against 
the policy of the Government. 

This is not a direct vote upon the bill for the abandonment of Santo Domingo, 
this bill not being before the Senate, but before the lower house, to come up 
afterwards to the Senate; but the question is thus already debated and 
settled indirectly so far as the Senate is concerned, the house having done 
little else except to adjourn over from day to day to give the members an 
opportunity to be present at the Senate debates, and allow ministers also to 
be all present in the upper house. 

This great trial of parliamentary strength over, all the interest novv' centers 
in the lower house, and the Senate adjourns over to allow ministers to be all 
present in the other house, as well as the Senators themselves. 

But the questioii of Santo Domingo is already prejudged, and the bill for the 
abandonment is already virtually carried by the Government. 

a: * * * Ht * * 

With sentiments of the highest respect, I remain, sir, 
Your obedient servant, 

HORATIO J. PEB,EY. 
Hon. WiT.LiAM H. Seward, 

Sea-etary of State, Washington. 

Here is a translation, which. Mr. Perry sends to his Government, 
of the declaration of the Marquis of Valdeterrazo: 

[Translation.] 

A mistake has been made in saying that the United States have made a 
treaty of annexation with Santo Domingo. This is not the fact. 

When I was in Loudon I was authorized by the Government of Her Majesty 
to occupy myself in this question, all the necessary facilities being conceded 



179 

to me to engage not only the English Government but also the French to as- 
sociate witii the Spanish Government to carry out a demonstration to be 
made in the Bay of Samana. 

I call attention to that, that the British Government, the French 
Government, and the Spanish Government, according to this state- 
ment, had made an agreement to carry out a demonstration to he 
made in the Bay of Samana. 

Being authorized in this way, I conferred with the English Government 
on the serious damage v/hich would be caused by the occupation of the Bay 
of Samana by the Anglo-American Government. 

The English Government understood it in this light, but did not wish to 
bind itself unless the French Government associated itself also. I addressed 
myself to the latter, making a full explanation of the evils, the inconveniences, 
and the damage which the commerce of the three nations would receive if 
the United States should found an establishment or raise a fortification in 
that harbor. The French Government understood the gravity of the ques- 
tion, associated itself with the English and Spanish Governments, and the 
result was that the three made a demonstration toward the Bay of Samana, 
at the same time giving instructions to their representatives at Washington 
to manifest the displeasure which the three Governments would feel if the 
treaty of which we had advice, but whose tenor was not known, should be 
carried into effect. 

The English Government some time after, having given the necessary or- 
ders for the uniting of the maritime forces of the three powers with the above- 
named object, obtained the first copy of this treaty, which it remitted to the 
Government of her Majesty. 

In this treaty the annexation was not established. That which was alone 
established was the right to raise a fortification and to found a national estab- 
lishm.ent in the Bay of Samana by means of a compensation and other serv- 
ces to the Republic of Santo Domingo. For this reason the Duke de la Torrei 
said very opportunely that the occupation of Samana is highly important, 
and that the Spanish Government should not abandon a post of so much 
value not only for the Governments of England and France but much more 
for the interests of Spain. In this I agree with the Dtike de la Torre, and I 
say to the ministers that the abandonment of Santo Domingo is a clanger. 



the evils and consequences which this measure may produce, and let it not 
be said that this is but an echo, for in order to defend Puerto Rico and the 
Island of Cuba more expense will have to be borne than is necessary to pre- 
serve Santo Domingo. 

Those facts, I hope, will draw the attention of statesmen who 
are in this body to the situation of Spain at that time, to her pur- 
poses and why it was she was occupying the island of Santo 
Domingo, while we were at war, after she had recognized the 
belligerency of the Confederate States. She and England and 
France combined to make an assault ui^on the United States for 
the purpose of displacing rights they supposed wo had accjuired 
by a secret treaty with the Government of Santo Domingo. Was 
her feeling toward us on that occasion friendly? Was there not 
a motive in her recognition of the belligerency of the Confederate 
States? Does she not stand before this people to-day and before 
the world as having been influenced in that apparently peaceful 
act by motives that had regard to the acquisition of power to the 
monarchy of Spain and in regard also to the infliction of wrong 
and injtistice iTpon the people of the United States? There they 
had intended to violate the doctrine which the Senator from Texas 
[Mr. Mills] referred to and has spoken upon so eloquently, which 
has been established in the expressed opinions of every statesman 
in America of whom I have ever heard, that v/e would not permit 
any foreign power to com-e and acquire dominion in these Ameri- 
can islands. They intended taking advantage of what they sup- 
posed was the weakness or the embarrassment of the United States 
during a time of war to do precisely what was done by Austria 
2777 



180 

and France and Maximilian aftei-wards— they intended to come 
here and intrench them^selves upon this territory, and Spain came 
v/ithout any cause of war against Santo Domingo, a pure invasion, 
and took that island into her custody at the time we were engaged 
in belligerent operations here, in civil warfare. 

Therefore, Mr. President, it will not do for tis to sit by and 
ignore the facts of history and quietly and serenely to regard Spain 
as having been always our friend under all circumstances. That 
story has been told here until I suppose the American people v/eie 
ready to believe that Spain had always been the bosom friend of 
the tJnited States, and yet the very moment she found the United 
States in v/ar, and before the battle of Bull Run had been fought, 
she recognized the belligerency of the Confederate States, and 
afterwards, as soon as she could marshal her ships and her armies, 
went and took possession of the Island of Santo Domingo, and held 
it until the rebel flag in the South was hauled down. 

There is one other fact which I wish to put into the Recosd, 
and that is the proclamation of General Weyler, a circular of 
General Weyler 's, addressed to the mihtary ofiicers. This is not 
to the people; this is to the military. He addressed another to 
the people, in v^^hich he prescribed specific things that they were 
to do. certain lines of conduct vv'hich they were to observe, on the 
penalty of being shot to death without trial if they undertook to 
violate them. He says to the military: 

I have addressed my previous -Droclamations at the moment of my landing 
to the loyal inhabitants, to the volunteers and liremen, and to the army and 
navy. 

I may give you a slight idea of the intentions I have and the measures I 
shall follow as governor general in chief, in accordance with the general de- 
sire of Spain and with the decided aim of Her Majesty's CTOvernment to fur- 
nish all the means required to control and crush this rebellion. 

Knowing this, and knowing my character— 

"What an appeal that was— Weyler appealing to his character— 

I may perhaps need to say no more to malre you understand what is the con- 
duct that I am to follow. 

There he anchors himself to every vile precedent that he had 
established in the previous war and pledged himself to his officers, 
through his character and through the history of his conduct, that 
he w^ould repeat the same enormities in this struggle. 

Mr. ALLEIT. He appealed to his known character as a butcher. 

Mr. MORGAN. Yes; he appealed to his character as a butcher, 
as the Senator well says. His proclamation continues: 

But with the idea of avoiding all kinds of doubt, even keeping (as you are 
to keep) the ;cireular3 to be published, I deem it necessary to make some 
remarks. 

! It is not unknown by you that the state in which the rebellion has come and 
the raid made by the principal leaders recently, which could not be stopped 
even by the active pursuit of the columns, is due to the indiSerence, the fear, 
or the disheartenment of the inhabitants. - 

Is that public war? Are the people so disheartened or so afraid 
or so indifferent as that he has now to use the torture of war for 
the purpose of nerving them through a gTeater and higher fear to 
stand under his colors and fight his battles? He says further: 

Since it can not loe doubted that some, seeing the burning of theirproper ty 
■without opposition, and that others who have been bom in Spain should 
sympathize with the insurgents, it is necessary, at all hazards, to better this 
state of things and to brighten the spirit of the inhabitants, making them 
aware that I am determined to lend all my assistance to the local inhabitants. 



181 

PKAISING THE REBELS UNLAWFUL. 

So I am determined to have the law fall 'with all its weight upon aJl those 
iu any way helping the enemy, or praising them, or in any way detracting 
from the prestige of Spain or its army or of its volunteers. It is necessary 
for those by onr side to show their intentions with deeds, and their behavior 
shonld leave no doubt and should prove that they are Spanish. 

Since the defense of the country demands the sacrifice of her children, it is 
necessary that the towns should look to their defense, and that no precau- 
tions in the way of scouts shotild be lacking to give news concerning the 
enemy, and whether it is in their neighborhood, and so that it may not hap- 
pen that the enemy should be better informed than we. 

The energy and vigor of the enemy will be strained to trace the course of 
our line, and in all cases you will arrest and place at my disposal to deliver 
to the courts those v^ho in any way shall show their sympathy or support for 
the rebels. 

The public spirit being encouraged, you must not forget to enlist the vol- 
unteers and guerrillas in your districts, not preventing at the same time the 
organization, as opportunit3r offers, of a guerrilla band of 35 citizens for each 
battalion of tiie army. 

I propose that you shall make the dispositions you think most proper for 
the carrying out of the plan I wish, but this shall not authorize you to deter- 
mine anything not foreseen in the instructions, unless the urgency of 'some 
circumstances should demand it. 

"Urgency of circumstances," Mr. President, is a thing tliat 
General Weyler left to liis officers, and amongst the i^articnlar 
orders ^Yhich he issued, and which I have quoted in the Record 
at another place on a former occasion, he says that persons who 
are captured either with arms or without arms, whether they are 
citizens or whether they are soldiers, shall be sent to him at his 
headquarters wherever they may he; but if there is any insolence 
toward a Spanish officer this v/iil not be expected — I do not quote 
his words; I have given the idea— that is to say, if they can pro- 
voke the poor victim into any sort ox expression of heat or disap- 
pointment, any insolence toward the officer who m.ay take him, 
"you can take him out and have him shot, and you will do all 
right." 

I expect that, confining yourself to these instructions, you will lend me 
your worthy support toward the carrying out of my plan for the good of the 
Spanish cause. 

WEYLER. 

That is all I wish to say about this business. The American 
people can make their own comments, and they vv^ill not be slow 
to do it. 



3Iay 6, 1S96. 

Mr. FSYE. I now ask that the Senate proceed to the consid- 
eration of the river and harbor bill. 

Mr. MOBG-AN. I desire to ask the President of the Senate to 
lay before the Senate a joint resolution which I offered some time 
ago which lies upon the table, relating to a recognition of the bel- 
ligerent rights of Cuba, and I ask the Senator from Maine to yield 
to me for a moment, as I wish to have it referred. 

Mr, FP^YE. I have no objection to a reference of the resolution. 

Mr. MORGAN. I wish to make amotion to refer the joint res- 
olution to the Committee on Foreign Relations, and I wish to 
make a statement in that connection after the joint resolution 

The VICE-PRESIDENT. The Chair lays before the Senate the 
joint resolution referred to by the Senator from Alabama; which 
will be sead. 

2777 



182 

The Secretary read tlie joint resolution (S. R. 105) declaring that 
a state of public war exists in the Island of Cuba, as follows: 

Eesolved, etc.. That it is hereby declared that a state of public war exists 
in the Island of Cuba between the GoTernment of Spain and the people of 
that Island, who are supporting a separate Government under the name of 
the Republic of Cuba, and the state of belligerency between said Govern- 
ments is hereby recognized. 

Mr. MORGAISr. Mr. President, I introduced that joint resolu- 
tion in the Senate at the time when the conference report from 
the conference committee of the two Houses was pending in one 
of the Houses, I think in the House of Eepresentatives, intending, 
if that conference report should fail, that I would immediately 
press the resolution upon the consideration of the Senate, Cir- 
cumstances have iDrevented me from being here since that time, 
and in that way delay has occurred, and new developments have 
occurred in regard to the situation in Cuba which still further 
demonstrate the truth of the proposition upon which the Senate 
and the House of Eepresentatives have voted, that a state of pub- 
lic war exists in the Island of Cuba. We expressed an opinion 
that it was proper under those circumstances that belligerent 
rights should be accorded to both parties in our ports and upon 
our territory. Having expressed an opinion of that kind, and 
made a declaration to the effect that public war exists there, I de- 
sire now to ask the opinion of the Committee on Foreign Rela- 
tions of the Senate upon the state of facts existing Vv'hich have 
been developed since the introduction of that resolution, v/hich, I 
think, go greatly to strengthen and to confirm the proposition 
which the two Houses have united in voting upon, and in voting 
favorably upon. 

I believe, Mr. President, that the time has arrived when in sheer 
justice to our own people, without reference to any effect it may 
have upon the jDromotion of the war in Cuba or the fortunes of 
either side, that it is ou.r duty to declare that a state of public war 
exists there and that the laws of war as they are recognized among 
the nations of the earth should be applicable to that situation, and 
that v/e should not be left here in a state of doubt and uncertainty 
as to whether our relations to the people of Cuba or whether 
either the Spanish Government or the republic are to be con- 
trolled by the laws of war, or whether they are to be controlled 
by the laws of peace. 

I can not reconcile it to myself to afSrm as a matter of fact that 
no war exists in Cuba. The Spanish Government recognizes the 
existence of war there, not only in reference to the conduct that 
she holds toward the people that she is trying to suppress, but 
also in regard to our own people and our own commerce. She 
treats our commerce as if it were a contraband of war. No nation 
has a right to do that with reference to the Government of the 
United States when that nation is in a condition of peace. She 
can not hold that her relations to our own people are those of per- 
fect peace, and at the same time that she has the right to impose 
upon the Government of the United States and upon its commerce 
or upon its people the laws of war, which they are continually 
doing. 

I hoiDe that some speedy action will be taken; that is to say, 
proper action— deliberate, of course; firm and consistent and ener- 
getic — to determine the solution of this question before this Con- 
gress adjourns, i wish to say that I do not believe that the 
Congress of the United States can by a final adjournment of this 
2777 



183 

session afford to leave that question in the shape it is now in before 
the world. 

The VICE-PSESIDSNT. The qiiestion is on the motion of the 
Senator from Alabama. 

Mr. CALL. Will the Senator from Maine allow me one word 
only? 

Mr. FB^E. Yes; one word. 

Mr. CALL. I introduced a resolution on the same subject some 
time ago, which still lies upon the table. I had hoped to obtain 
early action upon it, but I will ask that the same reference may 
be made of that resolution as that asked for by the Senator from 
Alabama as to his resolution. 

Mr. FE.YE. There is no objection to the reference of the reso- 
lutions. 

The VICE-PRESIDENT. Without objection, the resolutions 
will be referred to the Committee on Foreign Relations. 



April 6, 1897. 

Mr. MOSGAI^. Mr. President ■ 

Mr. PETTIGREW. I ask unanimous consent for the imn:iedi- 
ate consideration of 

Mr. MORGAN. I rise to a parliamentary inquiry. 

The VICE-PRESIDENT. The Senator from Alabama will state 
his parliamentary inquiry. 

Mr. MORGAN. Yesterday the Senate gave its unanimous con- 
sent that the joint resolution I introduced on the 1st instant should 
go over for consideration this morning. I desire to have it laid 
before the Senate. 

The VICE-PRESIDENT. The joint resolution is in order. 

The Senate, as in Committee of the Whole, procedeed to con- 
sider the joint resolution (S. B. 26) declaring that a condition of 
public war esists in Cuba, and that strict neutrality shall be main- 
tained. 

Mr. MORGAN. Let the joint resolution be read. 

The joint resolution v/as read, as follows: 

Resolved by the Senate and House of Espresentatives, etc.. That a condition 
of public war exists between the Government of Spain and the government 
proclaimed and for some time maintained by force of arms by the people of 
Cuba, and that the United States of America shall maintain a strict neutral- 
ity between the contending powers, according to each all the rights of bellig- 
erents in the ports and territory of the United States. 

Mr. MORGAN. Mr. President, this is a joint resolution. Be- 
fore I proceed to discuss its merits, I wish to disclaim any purpose 
whatever of forcing the Executive into any attitude about this 
question, that he may not feel entirely at liberty to take. As I 
view the Constitution and the history of such action in the United 
States, I think that the initiative properly belongs to Congress on 
all subjects involving a declaration of war, wiiether it is a declara- 
tion by our own'Government or whether it is the declaration of 
the existence of a state of war in any other country. Therefore I 
think that action on such subjects ought to originate in one of the 
Houses. The President may not feel disposed to concur in our 
action, yet he may feel bound by it. He may not be disposed to 
exercise the veto power, if he has it, upon a joint resolution of 
the sort that is now before the Senate. It is a question of very 
grave importa,nce, and one that ought never to occur in the his- 
tory of the United States, that the Congress, being satisfied of the 



184 

existence of war in Cuba, slionld so declare, the President not 
being satisfied tliat tliat state of affairs exists in the sense of re- 
qiTiring the Government of the United States to take part in any 
way in the declaration that it does exist. That ought never to 
be in the United States. The executive and legislative depart- 
ments of the Government otight to cooperate in all declarations 
that relate to war, and the Congress of the United States ought 
never to mahe a declaration on that subject unless it is satisfied 
that the President is "willing to yield obedience to the popular 
will, or the legislative will, as here expressed. 

Mr. HALE. Mr. President, I v/lsh that we may have order in 
the Chamber, because I am very desirous to hear the Senator from 
Alabama, and I can not hear a word that he says, there is so 
much confusion. 

The VICE-PRESIDENT. The Senate will be in order, 

Mr. MOEGAN. I have not any very great amount of lung 
power, though I try to speak as distinctly and deliberately as I can, 
with a viev/ of making the views that I have to present intelligible 
at least to my colleagues on the fioor. 

Mr. HALE. It is not the fault of the Senator from Alabama at 
all; it is the fault of Senators, all of us perhaps, who are in the 
habit of participating too much in conversation while a Senator is 
addressing the body. It is almost impossible for any Senator to 
make himself heard under such conditions, and for that reason I 
hope we shall be allowed to have silence, that we may hear the 
Senator from Alabama. 

Mr. MOEGAN. A question of war or peace between this coun- 
try and any foreign country, or a cjuestion of the existence of a 
war in any foreign country, is a matter of such grave imT)ortance 
to all the people of the United States that its consideration should 
always be entered upon with the utmost degree of deliberation 
and solemnity, and, as far as possible, it shoald be free from all 
the exasperations of feeling that we of course have when quarrels 
occur between us and other powers, it is in this view, and in 
this sense, and with this purpose, and only this, that I approach 
■the subject this morning. 

1 do not vvisli to create a ferment in the United States about it. 
It is not necessary to do that, Mr. President, if I wei'e disposed to 
get up some public excitement, because the'.mind of the people of 
the United States is agitated and all their hearts are full of this 
subject. We are in the midst of a very trying situation that has 
never heretofore existed as it exists now. All the aggravations 
that surrouaid us at this moment and the same sense of indigna- 
tion have never heretofore existed, even in the various and fre- 
quent irritations that have occurred between Spain and the United 
States on the subject of her government in Cuba. We ha.ve tried 
so to feel, we have tried to so believe, and we have so conformed 
our conduct that it is a matter of indilference to us whether Spain 
shall persecute her own subjects in Cuba or not. I say we have 
tried to feel it and we have tried to believe it. At the same time the 
history of Spanish occupation in Cuba from the beginning of this 
century, and, indeed, far back of that period of time— but I will say 
fi'om the beginning of this century, because our Government be- 
came concerned in it about that time — the history of Spanish occu- 
pation in Cuba has been so full of that absolute Sfad heartless spirit 
of tyranny toward her own subjects as that it is not to be expected 
that a country organized as ours is, upon the basis of self-govern- 
ment and of the respect that is due from the Government to the 
2777 



185 

citizen, slioiild be free from xerj profotmd agitation, in view of 
the repeated and flagrant and very otitrageons demonstrations of 
persecution that have been made by the Crov/n of Spain against 
her own subjects in the Island of Cuba. 

The subject I am now about to discuss has been before the Sen- 
ate for days and weets and even months at a time, and whoever 
cares to read the record of those debates of a year ago will there, 
I think, find an exhaustive discussion of almost every proposition 
that could be advanced pro and con upon the subject of the duty 
of the Government of the United fStates to recognize the existence 
of piiblic war in Cuba. I do not propose to go back over that rec- 
ord. It is made; it has been deliberately made. There is not a 
statement, I think, that has been made in the Senate that was not 
authorized by the facts; and to say the least of it, the Government 
of Spain lias'^had more than a j^ear of opportunity in Vfhich to con- 
tradict the specific facts that have been stated in the debates in 
this body relating to the dealing of Spain toward the people of that 
island. "No denial has been made. They seem to be indifferent to 
the fact. They seem to be entirely indifferent at least to American 
opinion and to European opinion upon this subject. 

That is not a new thing in the history of Spain. That great 
monarchy has never stopped to take the opinion of the civilized 
world upon her conduct toward any of her subjects. "Wliether 
they have been born y,"ithin her home boundary or whether they 
have been born in colonies, or whether they have been conquered, 
she has never paused to ascertain what is the opinion of the world 
about her conduct toward her own people or toward her neigh- 
bors. That is unfortunate for us, because we have a proper regard 
for the neighboring counti'ies. We feel it as well as profess it. 
We do not trench upon the affairs or the rights of the people of 
Mexico, who is a near neighbor, and who has not liad a very per- 
manent form of government until Vvnthin the last fifteen years, or 
a very satisfactory one to us. Wo make no agitation in respect 
to the domestic policy of the Canadian Government. 

In other words, Mr. President, we are in the proper sense of the 
word good neighbors to those whose territory adjoins ours, and we 
have no disposition to interfere in Cuba or in any other place for 
the iDiirpose of extending our institutions or making a propaganda 
of any ideas that we have or of enforcing upon them the accept- 
ance of our commercial intercourse. That is our situation. We 
have maintained it always. 

Very early in the beginning of this century, for the purpose of 
making their security greater, for the iDurpose of cutting our peo- 
ple off from the temptation of maldng raids against Mexico, Can- 
ada, Cuba, and elsewhere, we commenced a series of legislative 
enactments here of a very severe character to repress all possible 
endeavor to give assistance to any insurrection or any war or con- 
troversy between any neighboring power or any other power and 
their own people or any other people. We have at great expense 
in money, and sometimes at an expense to ourselves of very great 
irritation amongst our own people, enforced those laws in a rigid 
way, and we are doing it to-day. 

I think our desire to evince to other countries our purpose of 
"being on friendly terms with them and of executing every purpose 
of government without reference to their distress or their embar- 
rassments has involved us in some efforts to enforce our own laws 
that have inflicted exceeding injustice upon individuals in this 
country, and certainly have had a very great effect in restraining 



180 

if not repressing the expressions of public ssntimeiit which other- 
wise would have manifested themselves on these occasions. 

That being the situation, we have for the third time within tliis 
century been dravfn into unpleasant contact with a state of afca,irs 
in Cuba that has made a, very profound impression upon the people 
of the United States, and not merely upon their sentiment and 
feeling, but upon their commerce and their intercourse with the 
people of that island. We have suffered by it on former occa- 
sions to such an extent that very large claims for damages have 
been piled up against the Government of Spain, and I do not re- 
member any instance where we have received compensation for 
any of those wrongs, when they were established, short of tv/enty 
or perhaps thirty years after the termination of their intestinal 
struggle. So the delays that have been interposed in making 
compensation to the people of the United States for the wrongs 
that have been committed in that island, andvidiich are traceable, 
I think, directly to the tyrannies of the Spanish Government, 
have been very serious upon our people, and are still very serious. 

But our people have suffered in one respect a degree of mortifi- 
cation and humiliation as well as a degree of personal distress that 
it has always been within the power of our Government to pre- 
vent. If the Governinent of the United States had taken care of 
its own people in the Island of Cuba according to the full measure 
of its duty, many a life would have been saved in the former strug- 
gles and in the present one, much property Vi^ould have been spared 
from destruction, great anguish of feeling would have been spared 
to our people, both native born and adopted. But the Govern- 
ment of the United States has not taken proper care of her ov/n 
people in Cuba, and it is time thatv/e begin to do so. 

The object of the introduction of the joint resolution which is 
before the Senate to-day is to put the Government of the United 
States in a proper legal attitude toward the Government of Spain 
in Cuba, and to enable us simply to take care of our ovai citizens. 
I have always declared that this vras my leading motive, and in 
fact my exclusive motive, as a Senator of the United States, in 
whatever support I have given to measures here in respect of our 
controversies and difficulties with Spain in the Island of Cuba. I 
have kexDt my mind fixed firmly and exclusively upon the duty of 
the Government of the United States to the citizens of the United 
States in the presence of this state of facts. I am trying to get 
from the Congress of the United States — and I hope the Executive 
will concur with us — a definition and sta,tement of a legpJ status 
or sitiiation which makes it possible for us, under the laws of 
nations, to protect the lives and property of our people in the 
Island of Ciiba, 

In accomplishing this result, Mr. President, it may turn out — 
and I would be very glad that it should— that assistance will be 
given to the people of the Island of Cuba in the establishment of 
their independence, in freeing themselves from an abominable 
yoke, which, so far as they are concerned, has never restilted in 
any benefit to the people there at all, but has been imposed upon 
them and maintained over them for the mere purisose of leeching 
out of them their substance and of keeping them as serfs and feu- 
datories to the Crown of Spain and to the nobility and gentry of 
that country. I should be very glad that a result of that sort 
should follow; but whether that result shall follow, or one still 
more disastrous to the ]3eople of Cuba, nevertheless it is a duty 
2777 



187 

that we can not abdicate to tate care, so far as in us lies, of onr 
people in that island. 

In what way can we do that? That is the question which 
conies up here now. Can we do it by standing by and witnessing 
these wrongs inflicted upon them continually, aggressively, and 
redress them only by filing claims in the Department of State, 
to be urged against the Spanish Government after the war has 
ended and after Spam has become bankrupt? Can we accomplish 
this protection of our citizens by putting a price upon their blood 
and their sufferings, and by saying to Spain that "in the end of 
all of this, after the war is over, we shall charge up so many dol- 
lars and cents against you for these ruined and desti'oyed A:meri- 
cans, men, women, and children, and for their property? " In the 
former war we waited for ten years, and after the termination of 
that struggle we sent in our accoimt, and we had a pai't of it 
allowed and a part of it disallowed, and the part that was allowed 
was only paid within the last two or three years. That has been 
nearly thirty years ago. 

ISTow, can we afford to stand by here and see repeated, in a form 
that has become historic in Cuba, these vsrrongs and outrages 
against our own people, trusting to the settlem-ent of an account 
for damages after the wrong has been done? Are we in that sub- 
lime state of indifference and self-denial in respect to what is 
going on in Cuba that we shall abstain from doing anything for 
our people until this struggle which is now going on has ended 
one way or the other? Shall we refuse to protect our people and 
deny to ourselves the right, the power, the opportunity, and the 
duty of jjroviding for them as this struggle goes on? 

Well, Mr. President, I hope that the Senate of the United States 
at least will not agree that it is our duty to ignore these things, to 
pass them by silently and quietly. I hope that the expression on 
the part of the Senate will be now what it has been heretofore, a 
■year ago, and still earlier than that— that we recognize the exist- 
ence of public war in Cuba, attended with all the consequences 
under the laws of nations that belong to that legal situation; that 
we will stand neutral between these parties, and that we will exe- 
cute the laws of neutrality, and especially those laws of neutrality 
which protect our own people. 

Now, as different occurrences are developed in Cuba, we might 
send ships of war to demand immediate indemnity, but it seems, 
Mr. President, that we have not got yet to the condition of follow- 
ing the bright British example of always sending her flag and her 
guns, following her people about over the earth, to demand their 
rescue from the hands of tyranny and wrong and injustice. We 
have not come to that; but perhaps after we get a little older and 
learn more, and have more true spirit amongst the American peo- 
ple, and our Government is truer to them, we will be able to send 
our flag and our guns about the earth and demand immediate 
compensation for the v/rongs done to our people and their imme- 
diate surrender fi'om the jaws of death when they are held con- 
trary to treaties and to international law and to the laws of hu- 
manity and of mercy. 

I am hopeless, Mr. President, utterly hopeless, that any Admin- 
istration of the Government of the United States, particularly 
with the last four years of disastrous example that we have had, 
will get its courage to the point of sending ships of war to Habana 
or to any other port of Cuba, and demanding in given cases, how- 



188 

ever serious, redress for our people or liberty for tliem from incar- 
ceration in tlieir |)risons as the occurrences arise. 

Here was the case of Dr. Ruis, who was said to have been mur- 
dered in prison at the instance and by the direction of the gov- 
ernor of G-uanabacoa in that province, an American citizen who 
was a dentist, and who went back to the land of his forefathers — 
I do not know Vv^here he was born — for the purpose of practicing 
his profession, and he was said to have had no connection Avhat- 
ever with the strife that existed in Cuba. He was killed, and 
killed in prison. So it is alleged in the newspapers and so, I under- 
stand, it is alleged in the reports of our consul-general in Cuba. 
Nov/, vfhat can we do in the case of Dr. Ruis? Of course that case 
must pass into the balance sheet to be added up in a sum of dol- 
lars and cents for the compensation to his widow as soon as it is 
ascertained in some form or other that the Government of Spain 
lias been accessory to his murder. I understand that the reports 
of the consul-general indicate in no uiicertain way that the Gov- 
ernment of Spain is directly responsible through one of her mili- 
tary officers for this outrage. 

If that is true, Mr. President, instead of hunting about for a 
lawyer to go dov/n to Cuba to search out in some technical v/ay 
an information such as a solicitor vrould find to be presented to a 
gTand jury in secret session, the Government of the United States 
might very well send a ship of war to the port of Habana, with a 
commission upon it, and say to the government of Spain in Cuba, 
" V/e intend to have this matter investigated, and if there is evi- 
dence to prove that this man has been murdered by this governor 
in prison, you must have that man arrested, and you must have 
him shot, or you must have him disposed of in some way that the 
laws of war require, and you must on the spot make immediate in- 
demnity to the family of this murdered man." 

Mr. HALE. Do I understand, in a case such as the Senator has 
cited, and has objected to the Government sending a lav/yer down 
there, that the Senator would object, when a case of that kind 
arises, to the Government sending some proper agent, be he law- 
yer or otherwise, in order to establish the actual facts upon which 
we should act afterwards? Does the Senator think that would be 
an improper course on the part of the Government? 

Mr. MORGAN. Mr. President, as an American citizen, follow- 
ing the precedents and practices that have heretofore obtained in 
matters of this kind, I should regretfully assent to the sending of 
a lawyer to Habana to make an investigation; but if I were a 
British subject, I should expect the flag and a man-of-war to go 
there, for the purpose of demanding reparation on the spot and an 
explanation which v/oiild exculpate that governor from this 
charge or else v/ould consign him to his deserved fate. 

Mr. HALE. That is, the Senator would send a ship of war 
tefore he sent the lawyer to investigate the facts? 

Mr. MORGAN. I v/ould send a ship of war with a lawyer 
along, or without one; but I do not think that I would have very 
much use for the lawyer. [Laughter.] 

Mr. HALE. I fancy that what the Senator is seeking is a con- 
dition of hostility and the use of ships of war and the danger inci- 
dent to having them in those waters. In that case there would 
not be much use for a lawyer; there would be use for ships of 
war. There would be war there. 

Mr. MORGAN. In the great and solemn duty of taking care 
of the lives and property of American citizens, particularly when 
g777 



189 

in foreign coraitries, I do not think I would stop to split hairs and 
•weigh technicalities before 1 nndertooli to enforce something in 
the nature of a demand for redress; and whenever the Gorern- 
ment of the United States gets itself into that condition that it 
converts everything of this sort into a lawsuit, then the liberties 
of the American people are worth very little v,-hen they come in 
contact with the fury and savagery of the Spaniards in Cuba. 
That is my answer to the Senator from Maine. What we need, 
sir, is action, determination, resolution, purpose, and conclusions 
which shall protect our people against those outrages. One exhi- 
bition of that determined spirit in the Island of Cuba would be 
worth more to us than all the lawsuits that we could conduct 
there. 

The American people, Mr. President, are a forbearing, Mnd- 
hearted, generous, forgiving people; but after ail, they understand 
and they feel, and you can not conceal it from them, that when 
their rights, liberties, and lives a^re placed in the power of a brutal 
authority in a foreign country, it is the duty of this great Republic 
to exhibit its strength and its pov/er early and decisively for the 
j)urpose of rectifying that wrong*. 

I referred to the case of Suis as one that was perhaps more dif- 
ficult of handling' than any other in this diplomatic sense; but we 
know perfectly well, throtigh the reports of our ovfn consul, we 
know from evidence that the President of the United States has 
laid before this body, v/e know from the statements of the Presi- 
dent of the United States in his last annual message sent to this 
body, not only that the property of the people of the United States 
is destroyed in Cuba for the mere sake of destroying it, not be- 
cause it is an available resource to the enemy on either side, but 
we Imow that the jails of Cuba are stuffed, I may sa}-, with Ameri- 
can citizens Vfhose names even have not been ever x)ronounced in 
this Senate, and can not be until after this war has passed and the 
prison doors have been opened- and another "book of blood" has 
to be published, as was published at the close of the last Cuban 
war. 

We are invited continually to shut our eyes to Spanish aggres- 
sions in Cuba; we are ad^monished whenever we speak of them 
that pei'haps we are speaking outside of the record, and we must 
wait and investigate and find out what has been going on before 
we think of sending anyone there or a ship of war, mes3eng'er_, 
commissioner, or anyone else for the purpose of ascertaining and 
determining upon the spot what is taking place and what has 
taken place. 

I have not time to go over this record. The part of it that oc- 
curred, or a large part of it that was then callable of being dis- 
covered, was laid before this Senate more than a year ago, and, as 
I repeat, it has remained there uncontradicted by the Spanish 
Government from that day to this. A judgment hj default has 
gone against them in the opinions of mankind for everj? one of 
those accusations which is authenticated and put upon the records 
of this Senate over the name of a responsible man. So I can leave 
the record to stand just there, and I can proceed, after these pre- 
liminary observations as to what the situation actually is and the 
necessity for our action, to discuss the question as to what is our 
duty and what are our rights as a legislative body for the United 
States of America in respect of this terrible involvement that has 
come upon us through the conduct of Spain in Cuba, for, be it 
remembered again, we have had nothing to do with inciting revolt 
S777 



190 

in Cuba. Otir people have not incited revolt in Cuba; they have 
cultivated the most friendly feelings and relations with Cuba, and 
have taken every step they could or they knew how to take to in- 
crease their cominerce with that country. It has been very valu- 
able to us, and would be again if Cuba had a chance to live. 

On yesterday we passed a resolution in this body by a unanimous 
vote. It was not every Senator who voted for it who w^as present, 
but those who were present and did not vote for it seem not to 
have found it necessary or important that they should vote against 
it. What is that resolution i^assed through this body as a solemn 
declaration? 

Whereas information has come to the Senate that Gen. Ruis Eivera, a 
leader of the Cuban army of independence, recently captured "by the Spanish- 
forces, is to be tried by drumhead court-martial and shot: Therefore, 

Besolved, That in the judgment of the Senate it is the duty of the President 
of the United States, if such information is found to be true, to protest to tho 
Spanish Government against such a violation of the rules of civilized warfare. 

Mr, President, w^hat right have v."e to protest against the abuse 
of the rules of civilized warfare in Cuba if no war exists in Cuba? 
V/hat right have we to say that it is expected that a man will be 
tried and convicted by a drumhead court-martial and shot if there 
is no war existingin Cuba? What right have we to speak of a leader 
of the Cuban army of independence if there is no Cuban army of 
independence in that island? I was very gratified that the Senator 
from Nebraska [Mr. Allen] brought this resolution forward, and 
still more gratified at the decisive vote of the Senate, the unani- 
mous vote, in ainrmatlon of these various facts, to v/hich I now 
appeal as a justification for the further resolution that we shall 
declare in a formal manner the existence of public w^ar in Cuba 
and declare our neutrality between the parties to that war. 

Mr. President, such a shameless and colossal falsehood has not 
existed in the history of this world, I believe, as that which treats 
and considers and speaks of and regards the situation in Cuba as 
being now a mere insurrection. If there is any way by which a 
government can commit itself openly and shamelessly to the ut- 
terance of a falsehood, that every ma-n in this world knows to be 
such, it is done every time that it is declared that the situation 
in Cuba to-day is no more than an insurrection. We declared a 
year ago — more than a year ago— that public war existed in Cuba. 
I believe I have the resolution here before me, and I will read it to 
see what our declaration was. As it was passed by the concur- 
rent vote of both Houses, it read: 

Resolved, That, in the opinion of Congress, a state of public war exists in 
Cuba, the parties to which are entitled to belligerent rights, and the Llnited 
States should observe a strict neutrality between the belligerents. 

Since that time we have not cast any vote directly upon that 
question until yesterday. We have had votes which were inci- 
dental and showed what the mind of the Senate was since that 
time, one of which has occurred during the present session. We 
have nov/ present in this body a number of gentlemen who were 
not here to participate in the debates and votes which occurred 
upon that resolution a year ago, and it is entirely proper that 
the subject should nov/ undergo at least some degree of discussion 
in order that they may have the oi^portunity of expressing their 
own views upon the situation. They are fresher from the i)eople 
than the balance of us, and perhaps may come inspired more 
directly with the feeling that the people have upon this question 
than we are. I presum.e that those Senators will not discredit the 
action taken by the Senate and the other House upon the facts 
2777 



191 

that were presented more than a year ago, and tipon which we 
came to the solemn resolution that I have jtist read. They will 
not, perhaps, undertake to say that public war did not then exist 
in Cuba, or that it does not now exist in Cuba. It is altogether 
proper that the Senators who have arrived in this body during 
the present session should have the opportunity of passing upon 
the question whether or not the action that we then took v/as 
justifiable upon the facts. They should also have the opportunity, 
as they will nov/ have upon this resolution, of determining by 
their votes, so far as they are concerned, whether any change has 
taken iDlace in the last year — since the adoption of that resolution — 
which relieves the situation in Cuba and which tends to establish 
the proposition that, VN'hile war existed there a year ago, it d.oe3 
not exist there now. So I thought it was my duty as one of the 
members of this body and as a member of the Committee on For- 
eign Rela.tions to fiirnish an opportunity to Senators that they 
might record their votes here upon the existing situation, and 
perhaps by relation back to the situation as it stood at the time 
we adopted this very important resolution. 

Does war now exist in Cuba? Mr. President, that is a proposi- 
tion that is absolutely so undebatable, so far beyond the domain 
of discussion, that I can not see how any sensible man can take it 
up for consideration when the answer lies immediately before him 
in every act that has occurred in the Island of Cuba within the 
past two years, and for a period much longer than that. With 
the vast army that Spain has sent there, with the drain upon her 
resources that is now threatening to bankrupt the Kingdom, with 
a loss of thousands and tens of thousands of lives, with an oppos- 
ing army which in the former rei'-olution for the same causes 
never reached more than 10,000 men— volunteer soldiers — now 
reaching to the number of fifty or sixty thousand, with battle after 
battle fought in every part of that island, and with the occupation 
of that island from east to west, except in the larger, fortified 
towns, with the whole body of the country included within the 
lines of the Cuban army or within the power of their military in- 
fluence — it is absolutely inadmissible, in view of those facts, to 
enter upon a discussion of tha/c question. It is so palpable that 
no man in his senses, it seems to me, can possibly deny it. 

It is true that the Senator from Maine [liir. Hale] on yesterday, 
when I asked him in the course of the debate vvUiether public war 
existed in Cuba, said there v/as a conflict there, there was guer- 
rilla warfare, but not such war as is fought between two states 
in Europe. Mr. President, that is not a definition of war. The 
manner in which a war is conducted does not define the question 
of its existence at all. It is not by marshaled troops under gaudy 
banners and with a perfect organization and an armament cap-a- 
pie, and with military resources, to which you can point as being 
lodged within fortresses or within ports or harbors, or with ships 
to send abroad for the purpose of gaining nev/ supplies — it is not 
v/ith these that war is always waged. On the contrary, the most 
fatal and destructive wars that have existed, and those that have 
been best calculated to protect a country, have been just v»diat the 
Senator from Maine characterizes as guerrilla warfare. When 
that imperial prince of all soldiers, I think, v/ho ever lived — Na- 
poleon — with his vast army, was occupying Spain, the Spaniards 
resorted to the very tactics that Maximo Gomes resorts to now, 
and after a fevv^ months of struggle with that unparalleled military 
chieftain they drove Napoleon from Spain. The Spaniards thca 
2777 



192 

learned a lesson in military condnct tliat has stood them in hand 
from that time to this, and the people of Cuba have been taught 
it, for the reason that they have not had, as Maximo Gomez has 
expressed it, the sympathy oven of any nation in this world, ex- 
cept perhaps the sympathy of the people of the United States. 

How was it during our civil war in this country, when Spain, 
taking advantage of the fact that we were engaged in fighting- 
each other on the soil of the United States, marshaled an army 
and a fleet— a great one — in which she concentrated all the power 
at her command and went against the Island of Santo Domingo, 
and landed in the ports and occupied them, and took the for- 
tresses, v/ith a view of subjugating the Island of Santo Domingo 
tinder the Spanish Crown? How was it, when she had nobody to 
fight in Santo Domingo except the native negro population — for 
it was all negro or mulatto — Spain was driven from the Island of 
Santo Domingo by the impossibility of conquering those people, 
and she had to retire Vv^ith her army back to the peninsula with- 
out having a^ccomplished anything more than the sacrifice of a 
large amount of money and many'lives and much property, all of 
which was siibsequently taxed upon Cuba as a debt? They have 
learned, Mr. President, what war means when conducted in this 
guerrilla form, and there is no impeachment of that form in any 
sense of the word, and there is no occasion for us to demand of 
the Cubans as a condition of the recognition of their belligerency 
that [liey shall come out in military array and stand in the open 
field and be shot down by the superior artillery of the Spanish 
army and overwhelmed by the 150,000 troops that might be paraded 
against perhaps forty or fifty thousand men who are poorly 
armed. 

3No man, Mr. President, who has any respect for the rights of a 
people _v/ho are trying to defend themselves will criticise their 
methods of vs^arfare so long as those methods are within the pale 
of civilized war. That argument has been heretofore made by 
the President of the United States; it has been made by the Sec- 
retary of State, and it is now reiterated on this floor by the Sen- 
ator from Maine. It was first originated and sent into this body 
by some letters that Mr. Dupuy de Lome wrote, in which he took 
occasion to criticise the action of Senators, and complained very 
bitterly that the Cubans would not fight in a way to suit the 
Spanish; that they would not come out into the open and be de- 
stroved by overwhelming numbers and superior artillery. I hope 
that the good sense of the people of the United States will not any 
longer be retarded in their demand upon their representativea 
that they shall proceed to some definition upon the subject by the 
suggestion of the Senator from Maine that the Cubans are not 
making a fashionable fight. It makes little difference to us how 
that fight is conducted, I repeat, so that it is conducted within 
the lines and limits of civilized warfare. Here, then, is a war, 
flagrant and terrible, which has existed in the Island of Cuba for 
two years, and we want to know what are the rights of our peo- 
IDle in that island, on the high seas, and in the United States, as 
they are affected by that war. 'We want to know what are their 
rights of property and ■ their rights of commerce as they are af- 
fected by that war. We want to take some course in the Congress 
of the United States that will give to them every proper shelter 
and protection. That is what I understand v/e want to do, and if 
we do not accomplish that, we ought at least to make the effort. 

The matter of the belligerency of a country foreign to us, recog- 
2777 



193 

niaed by the Government of the United States in whatever form 
the Government can make the recognition, seems to produce upon 
the minds of some people who try to comprehend it a sort of par- 
alysis, and they imagine that there is something in it very pro- 
f omad and very obscure, hard to be understood, and still more dif- 
ficult to be defined. Mr. President, it seems to me there is no 
difficulty in the matter. It is the simplest of all problems con- 
nected with our relations with foreign countries. 

Now, to illustrate this I will suppose that the Government of 
Spain, following the example of the Government of the United 
States during the civil war, should declare the belligerent rights 
of the insurrectionists in Cuba. What would be the effect of such 
a declaration upon a citizen of the United States found in the 
Island of Cuba, attending to his own business, taking care of his 
own property, without attaching himself to either of the contend- 
ing parties? He would have what we call the protection of the 
international law, and while being on one side of the line he 
would be in an enemy's country, and would be treated as an enemy 
by those on the other side of the line, still he would not be an 
enemy to the civil government of Spain, but an enemy simply 
within the meaning of the laws of nations and the laws of war. 
He would be technically an enemy, and it would make no differ- 
ence what his feelings or his sympathies might be tov>^ard that por- 
tion of the country where his residence or his domicile happened 
to be or where he was found. 

Now, so much for a citizen of the United States vv^ho is in that 
country and who is protected in that situation by the laws of war 
and the laws of nations. Here is Spain recognizing the belliger- 
ent rights of Cuba as the United States recognized the belligerent 
rights of the people of Alabama during the late civil struggle. 
All who Tv^ere in Alabama during that time, whether they v^^ere 
Northern men or Southern men, whether they were Confederates 
or whether they were Union men, whether their sympathies v/ere 
with the people on this side of the line or on the other side of the 
line, were technical _enemies to the United States, and were so 
uniformly treated, in the event of their capture, Vv'hat becomes 
of them? If they had captured a citizen from the North who had 
left his home and gone South, a. refugee, if you please, and while 
in the South had contributed money, means, everything in his 
power, to the advancement of the Confederate cause, after the 
recognition of that belligerency the Government of the United 
States would never have thought of trying him for treason for 
making such a contribution to the Confederate cause. Now, why? 
Because that is contrarj' to the law of nations. Another reason 
is found in the universal laws of nations, municipal as well as 
international, that a government de facto while its power exists 
has the right to compel the subordination of people to its decrees 
who are within the range of its authority. The citizen can al- 
ways shelter himself by yielding submission to governmental 
authority that he is not capable of resisting. 

The Senator from Delaware [Mr. Gbay] calls my attention to 
the fact that Mr. Davis was indicted for treason — for a capital 
offense. I call his attention to the fact that he was never tried for 
it. We need not go into that, though: we need not go into Mr. 
Davis's case. That was perhajjs considered even here as it was 
considered in the South, as being somewhat excei^tional, beca.use 
of his preeminence as the leader of the whole of the Southern hosts, 
as it was said. I am speaking now of an American citizen who 

3777-13 



191 

is residing in Cuba. I wish to know whether, after a declaration 
of belligerency, the G-overnment of >Spain, corning into possession 
of ^ man's proioerty — his house, his farm, and all that — not finding 
it necessary for military purposes to destroy that man's jDroperty, 
bnt for resentment's sake, v/onld have the right tinder the laws of 
nations to destroy his property? No, sir. 

Yet, without a declaration of war, if the Government of Spain 
finds him with arms in his hands, thongh he may be in his own 
habitation, or if the Government of Spain finds him breaking any 
of the numeroiTS proclamations which are made by the Captain- 
General there to suit his own fancy and will, arbitrary as they 
may be, and puts him on trial while a state of insurrection exists, 
for treason, insitrrection, incendiarism, or any other crime that 
they please so to denominate, that man, in the absence of a state 
of war, is amenable to the Spanish authorities, and may be tried 
for such political offense and may be destroyed. Why? Because, 
although a state of actual war esists which that man has no power 
to control or get away from, he is held amenable and is condemned, 
and the Spanish Government is protected in its authority to con- 
demn him because the Government of the United States refuses 
to say that war exists in Cuba. 

Now, I have described a peaceful citizen who is in Cuba with 
his property, who was invited to go there by the treaty of 1795, 
and by every treaty with Spain that has been made since that 
time, who is in the prosecution of those enterprises "which both 
Governments applaud. This quiet citizen, because of the refusal 
of the Government of the United States to declare the truth, is 
thus subjected to all the horrors and ignominies that Spanish bar- 
barism and cruelty can inflict upon him through the forms of 
law— even death. That is the situation as to that innocent man. 

Now, i will take a soldier, a young man from the United States, 
who has gone there to enlist in the Cuban struggle which has 
been going on now for more than two years. Their acts of hero- 
ism, their glorious achievements, have adorned the characters of 
living and dead in such a way as to make them conspicuous in the 
estimation of those young men of our race v/ho love to realize the 
proud prospects of an ambitious career. He is drawn there, if 
you please, by the mere love of humanity. He is drawn there, if 
you iDlease, for the purpose of interposing his life between, the 
machete and the torch and the body of an innocent woman or man 
or little child, thinlring he can better serve God by staking his life 
there in resistance to this horrid wrong than he can in any other 
way. He goes there. He confers with nobody; he forms no com- 
bination or conspiracy here which is denounced by our law. He 
goes uj-ider a right that belongs to every human being in the world, 
to leave his own country, not renouncing his citizenship, and to 
go to assist those whom he thinks are acting justly, *who are 
patriots in a struggle v/here everything sacred is at stake. 

When that man goes to Cuba, he finds arniies organized; offi- 
cers commissioned by a civil government. He finds Gomez in 
command, and other generals who hold their commissions from 
President Cisneros and from the civil government of the Republic 
of Cuba. He finds armies in camp, fully equipped; thousands of 
soldiers — soldiers under banners, and subject to military control 
in the strictest sense. He enlists in that army. What does he 
take upon himself v\^hen he does that? Sir, he takes iipon himself 
the character and duty of a soldier. He becomes a soldier in the 
Cuban army. Now, what is a soldier, and how is that character 
srrr 



195 

regarded in all civilized and all semicivilized, and even barbarous 
countries? What man fills a higher place in the estimation of his 
fellovv'S, a more glorious place when he is successful, a more hon- 
orable one when he fills a soldier's honest grave, than the man 
who submits himself to the discipline of an army and fights under 
its flag according to his free will? Who stands higher in the esti- 
mation of men of this world than such a soldier? Sir, even in the 
church those who follow the meek and lowly Saviour of mankind 
find their highest encomiums in the fact that they are called sol- 
diers of the cross. A man who becomes a soldier has an inviola- 
ble protection thrown around him by laws that are recognized 
throughout Christendom, and far beyond the boundaries of Chris- 
tendom.. 

When that man is captured in battle, he is not a captured felon; 
he is not a stained and a dishonored man. If the nations of this 
earth, sir, wei-e to decree that, they would bring to mankind a 
peace which no man and no nation would ever attempt to break, 
for if the penalty of capture of a man in open war who is an 
enlisted soldier means his lawful death and also disgrace, there 
would be no more soldiers in this world. 

l^ow, an American goes to the island of Cuba, whether he is 
native born or whether he is an adopted citizen, whether he was 
born in the Island of Cuba, or whether lie was born in Spain or 
elsewhere, for the purpose of enlisting in the army under G-omez. 
He does enlist, and he is captured, and captured with arms in his 
hands. He took upon himself the whole character and all the 
responsibilities and duties of a soldier v/hen he made that enlist- 
ment; but unfortunately, by some esigency of warfax'e, he has 
fallen into the hands of the enemy. Can it be said in the nine- 
teenth century, and in the close of it, that that man is amena^ble, 
when public war exists, to the pains and penalties of felony for 
treason or insurrection against Spain? We can not take an Amer- 
ican citizen who has put himself in that condition and refuse to 
apply to him this universal law of esemption from civil crime in 
rendering honorable military service. We can not say to him, 
" Sir, stay at home and behave yourself, and do not go down to 
fight for the Cubans." If he goes, we can not say to him, "You 
have thrown away your prestige and protection as an American 
citizen. You have repudiated all of your duties to the Govern- 
m.ent of the United States in going there; and now that you have 
been captured, all that this great Republic has to do is to stand 
bj'^^and see that you are duly executed — shot to death." 

i maintain that the Government of the United States disgraces 
itself when in the face of facts like those which exist in the Island 
of Cuba we refuse to say that public war exists in that country, 
and thus protect our citizens who go there to fight as enlisted sol- 
diers. If Spain had made the declaration of belligerency, I repeat, 
we would not permit them to execute soldiers taken on the field 
of battle who are citizens of the United States. If the United 
States makes the declaration of belligerency, the same result fol- 
lows. If, then, the facts justify that declaration, and if the pro- 
tection of human life and the safety of human reputation against 
dishonor is something that v/e have a right to care for and it is 
our duty to care for, let us make the declaration. It is due to the 
men who go there in obedience to a sense of duty, or for any other 
cause, and enlist in that army under Gomez. It is due to them 
that this Government, vv'hen the facts justify it, should so pro- 
nounce and declare that a state of public war exists in Cuba. 



196 

Whcd else would follow, Mr. President, from an enunciation by 
the Government of Spain that a state of war exists in Cuba? The 
same thing that followed when the civil war was prevalent here. 
What v/as that? It gave to the Government of the United States, 
or the government of the Confederate States, if you please, tlie 
right to search Spanish vessels approaching the coast, to see 
whether or not they had upon them contraband of war, to see 
whether they were going to participate in the warfare which was 
declared to exist in this country. Suppose the evidence was suf- 
ficient to show that they intended so to j)articipate. What was 
the penalty? The confiscation of the shij) and its cargo, perhaps, 
and the arrest of those men and their imprisonment. How? As 
prisoners of war. No other consequence at all would result from it. 

Sir, under our statutes we may send our revenue cutters 13 
miles from shore in time of profound -peace and require or authorize 
them to board, to deta.in, to ma,be an examiiiation of the manifests, 
and even the cargoes, of ships that are destined to our ports. Why 
so? For the purpose of discovering whether their manifests, as 
compared with the cargo, would show that they were engaged in 
some smuggling enterprise. Even in time of peace the power of 
search is exercised, and in time of war we have provided expressly 
in the treaty which we have with the Spanish Government that 
the right of search shall be conducted under a certain restriction 
of a very important character which would prevent any injury to 
any merchant ships of ours that might be ap]proacliing or sailing 
past the Island of Cuba. 

You ask me if that treaty would be in force after the passage of 
the joint resolution which is now before the Senate. Yes, sir; be- 
yond all question. What is the jjroof of it? Sxoain recognized tiie 
belligerency of the Confederate States, when they vv^ere fighting 
the United States, before the battle of Manassas was fought. Be- 
fore the South had demonstra,ted that it had any actual strength 
in resistance to the magnificent Government of the United States 
Spain recognized the belligerency of the Confederate States. What 
became of our treaty of 1795 in that recognition? It was not 
aifected by it; it was not touched by it. If now we in turn recog- 
nize the beliigerenc;/ of Cuba, is the treaty affected by it? Cer- 
tainly not. That ground was taken by Mr. Fish in his correspond- 
ence with the Spanish minister, Admiral Polo de Bernabe, during 
the former revolution in Cuba, The treaty stands unafLCcted, and 
is all the protection the United States could possibly need in respect 
of the right of search, and gives to us even greater rights than are 
accorded to most of the maritime nations of the earth. So as a 
matter of security the declaration which I propose that the Senate 
shall make would not in the slightest degree expose us to any 
da^nger from this so-called right of search. 

Now, I will suppose again that Spain does what she attemiDted 
to do and what she did do for a while during the former revolu- 
tion; that is, close certain of her xDorts to commerce — ports tha,t 
have been open there for many years, some of them for more than 
a century. She closed them up and declared that they were 
blockaded, not having the naval forces with which to guard the 
gates of those ports. Mr. Secretary Fish, as soon as that procla- 
mation was made, denounced it broa.dly, and said, that the G-overn- 
ment of the United States would respect no paper blockade of the 
Island of Cuba; if they chose to blockade their ports, they must 
have an efficient naval force there to enforce the blockade. How 
2777 



197 

would it have been in the struggle with the Confederate States if 
the United States Government had contented itself with declar- 
ing closed all the ports from Charleston, S. C, around to the most 
v>^estern boundary of Texas, and had stationed no force there for 
the purpose of keeping out ships? Could the Government of the 
United States have condemned ships that came into those with 
supplies to the Confederates and have confiscated them when they 
had no force there for the purpose of keeping the ships out? Cer- 
tainly not. If Spain should declare a blockade of her ports in 
Cuba, she must maintain it, and unless she does maintain it those 
ports are open to the people of the United States and to their com- 
merce. More than that, the treaty of 1795 expressly provides that 
commerce with the United States shall not cease, except in con- 
traband, during the prevalence of any war to v/hieli Spain is a 
party. 

V/ith all these guaranties standing perfect and unaffected by 
the declaration made on the part of Spain that belligerency exists 
in Cuba, they stand equally unaffected by a declaration made by 
the United States Government that belligerency exists there. 
The_declara.tion of belligerency on the part of the Government of 
the United States is not a hostile act. We did not complain of 
any hostility at the time Spain recognized the belligerency of the 
Confederate States, nor v/lien Great Britain recognized their bel- 
ligerency, although at that time there vv^as very strong reason to 
believe, especially in the case of Great Britain, that their recog- 
nition of the belligerency of the Confederate States was in response 
to what they belieA^ed was the sentiment of the South that we 
would divide the Union and put ourselves under the British flag. 
'Yet the Government of the United States did not say to the Gov- 
ernment of Great Britain, "That act on your part is a belligerent 
or an unfriendly act." By all means Vv'e did not say such a thing 
to Spain vrhen she recognized the belligerency of the Confederate 
States. Then, if you recognize the belligerency of the Cubans, 
how can Spain say, in virtue of all the facts that have occurred 
there within the last two years and still exist, that a declaration 
of belligerency of the. parties engaged in open war in Cuba is a 
hostile act toward Spain? It is impossible, Mr. President. _A 
declaration of that sort on her part would be a mere pretext. She 
could not make the declaration in good faith. 

Now, in the absence of a declaration of belligerency by the 
Government of the United States or the Government of Spain 

Mr. TURPIE. Mr. President 

The PRESIDING OFFICER (Mr. Faulkner in the chair). 
Does the Senator from Alabama yield to the Senator from In- 
diana? 

Mr. MORGAN. Certainly. 

Mr. TURPIE. I wish to call the attention of the Senator from 
Alabama to the fact that President Monroe recognized the bellig- 
erency of Spain as he did the belligerency of the seven South 
American colonies in revolt one after another within two years, 
and that such a recognition has never been accounted an un- 
friendly act on the part of the United States. 

Mr. MORGAN. No, Mr. President; and yet under that sweep- 
ing declaration I suppose President Monroe conti-ibuted as much 
as could be contributed by any public act of a foreign country, 
except by an actual intervention, to the release of those colonies 
from their dependence upon the mother country, I suppose that 



198 

the independence of South America was, after all, as much pro- 
moted by that declaration of President Monroe as by any act of war 
almost that took place tipon this hemisphere. 

Mr. TURPIB. The moral effect. 

Mr. MORGAN. Yes; the moral effect of it was just that; and 
yet neither Spain nor any other power in the world criticised the 
Government of the United States for protecting their own people 
by a declaration of belligerency. 

Mr. GRAY. Does the Senator from Indiana or the Senator 
from Alabama recall in what form President Monroe recognized 
the belligerency, whether it was by an esecutive declaration of 
the President alone or whether it was by the cooperation of Con- 
gress? 

Mr. TURPIB. My recollection is— and I discussed tliis matter 
to some degree in the last Congress — that he recognized it in every 
instance by proclam.ation, and he followed such proclamation by 
communicating the same to Congress and inviting their concur- 
rence, and afterwards receiving the concurrence of Congress. 

Mr. HALE. By asking for an appropriation. 

Mr. MORGAN. That is a fact; and if the President of tho 
United States, Mr. McKinley, to-day wanted to recognize bellig- 
erency in Cuba and perform what I conceive to be his executive 
duty, he would make a proclamation so far as he is concerned; he 
would notify foreign governments of his intention to recognize bel- 
ligerency, and he would communicate the fact to Congress. Now, 
why would he do that? Because here, Mr, President, rests the 
ultimate j)Ower of making that declaration good, the declaration 
of war; not of war against Spain, but a declaration of a state of 
war existing in a province of Spain. 

But, Mr, President, I am not concerning myself about forms. 
I am willing to take this declaration in any form that we can get 
it, so that ^Ye shall interpose the authority of the people of the 
United States through their Government to take care of our i^eo- 
ple in Cuba who are there as soldiers, or who are there as citizens, 
or who are there as visitors, or in any capacity at all in the 'gxes- 
ence of a great public war. 

Mr. PiALE. Mr. President 

The PRESIDING OFFICER. Does the Senator from Alabama 
yield to the Senator from Maine? 

Mr. MORGAN. Certainly. 

Mr. HALE. "What evidence has the Senator to back up the 
statement he has made two or three times that prisons, places of 
incarceration, in Cuba are to-day filled with American citizens? 
I may say that I do not believe that to be the fact. I do not be- 
lieve there is any evidence producible which establishes that fact, 
but of course i may be wrong; and I ask the Senator to state to 
the Senate what he has upon vfhichto base his repeated statement 
that we ought to interfere now for the protection of the American 
citizens who lie in incarceration improperly on the Island of Cuba. 

Mr. MORGAN. In answer to the question of the honorable 
Senator from Maine, i must resort to a method of argumentation 
or statement which I understand is customary in the partof the 
country which he represents, and that is to answer one question 
by asking another. I should like to know of the Senator from 
Maine on what ground he predicates what he says is his belief 
that these statements are untrue? What information has he got 
and from whom? Who has denied it? 

Mr. HALE. I deny it. 
2777 



199 

Mr. MORGAN. Who else? 

Mr. HALE. Tlie Senator is arx old 

Mr. MORG-AN. No; I am not very old. 

Mr. HALE. And a very good lav.^yer. He is a young man in 
vigor 

Mr. MORGAN. Oli, very. 

Mr. HALE. In power, and in earnestness; and he knows, as 
you know, Mr. President, and everybody knows, that it is the side 
which propounds the proposition that has got to report testimony 
and give evidence. I do not believe that the prisons of the Span- 
ish aiithorities in Cuba are to-day filled v/ith American citizens 
who are languishing in imprisonment, and making a reason why 
' we should interpose down there. I have seen no testimony v/hich 
shows that to be the case. I am willing that the State Depart- 
ment, which is the organ of the Government to consider these 
things, shall investigate that matter, i am v/illing that the Sena- 
tor should go to the State Department and ask if that Depart- 
ment has evidence to this effect. I shoitld like him to produce 
from the State Department papers, documents, and proofs, if he 
has them, of the proposition lie maintains. But it is not for me, 
when I am doubtful and skeptical of these statements, to be asked 
to furnish my proofs. The Senator must furnish i^roois. 

Mr. MORGAN. I accept very cheerfully indeed the onus pro- 
bandi of any fact whatever that will relieve the honorable Senator 
from Maine from any unhappiness on account of his friends in 
Spain. I would hate to affiict him with any idea that a Spaniard 
is capable of any cruelty whatever. I would hate in his presence 
to refer to the transactions of the Duke of Alva, or to the Spanish 
Inquisition, or to the orders that are here which require the sacri- 
fice by shooting and death and othervnse in any form — orders of 
General Wejder and formerly of Balmaceda — orders, Mr. Presi- 
dent, that Secretary Fish, General Grant, and others said were a 
disgrace to humanity, a shock to the human sensibilities. 1 would 
dislike very much indeed to afflict the honorable Senator from 
Maine with any unhappiness at all in his supposition that there 
are perhaps no characters in the world so innocent as the Span- 
iards. I might prosecute that inquiry in the same direction and 
ask him wliy it is that he believes, as I know he does, that the 
Armenians have been sacrificed in Turkey. What evidence has 
the Senator that the Armenians have ever been butchered in 
Turkey? 

Mr. HALE. I do not want the Senator to escape from my ques- 
tion 

The PRESIDING OFFICER. Does the Senator from Alabama 
yield to the Senator from Maine? 

Mr. MORGAN. Oh, yes. 

Mr. HALE. I do not want the Senator from Alabama to escape 
from my question, which relates directly to the subject-matter of 
this debate, by references to the Duke of Alva, or to Spanish his- 
tory in the past, or to the Armenians, or the Abyssinians, or what 
not, I want him to give the Senate some authority for his state- 
ment that one reason v\^hy we should intervene is because the 
Spanish prisons in Cuba to-day are stuffed with American citi- 
zens who languish in imprisonment there. My information is 
just the reverse. My information and my belief is that in the last 
sis months, notably in the last sis weeks, in every case where the 
proper authorities of the Government to whom are intrusted and 
who manage our diplomatic relations have intervened for the 
2777 



200 

release of American citizens in Spanish prisons in Cuba the re- 
sponse has been at once made in a friendly tone, and that many, 
and nearly all, and for anght I know all, 'who have been arrested 
have been freed. I do not say that all have. But vy'lien tlie Sen- 
ator says that those prisons are filled vvith American citizens I 
can only say that I do not believe it. I do not believe that the 
Senator is making a statement that he knows to be false. I do 
not think that he has complete information on the subject. And 
my attitude of doubtfulness in this matter is not in any way 
caused by friendship that I have for Spain. I care nothing about 
that. I am only seeking to adopt the course of proceedings in 
this case which is in accordance ■with the long record of diplomacy 
in this country for a hundred years, which has been not inflamma- 
tory, but conservative at every point where it can be reached. 

Mr. MORGAN. Now, if the honorable Senator has got done 
iuaking his speech, which is all right, I will proceed and answer 
him as well as I can, and seriatim, too. 

The Senator insists that he does not believe a word of this thing, 
that the Spanish prisons are stuffed with American prisoners. 
Perhaps the v/ord "stuffed" grates tipon the sensibilities of the 
Senator, and I will take that back and say "crowded," for I sup- 
pose that, according to the statements mads hj those who have 
come fron:i there here, who are reputable people and Vv^ho have 
made their statements to the State Department and also to the 
public press, as many as twenty prisoners confined in a room that 
is 19 feet long by 7 feet wide, without a place to lie down or a 
bench to sit upon, and with all of the inconveniences that it is 
possible to conceive of in such a situation, vfould be in rather a 
crowded state; and American citizens testify when they come out 
that that is true. There is sworn testimony before this body now 
in the form of depositions that have been given before the Com- 
mittee on Foreign Relations which proves these facts. That the 
Senator from Maine does not believe that is not shocking to me, 
for i do not think the Senator is capable of believing anything 
that^casts the slightest impeachment in the world uijon a Spaniard. 
I repeat, he seems to have some holy idea of the Spanish character 
which forbids him to acknowledge that under any circumstances 
one of these saintly murderers could have any harm or malice in 
his bosom^ 

Mr. irlAbS. Now, let me say right there^ 

Mr. MORGAN. No; 1 object. I am answering you nov/. 

The PRESIDING OFFICER. The Senator from Alabama de- 
clines to yield. 

Mr. HALE. I can not, of course, interrupt the Senator escept 
by his consent. 

Mr. MORGAN. I am answering your argument now, and I 
object to any more interruptions on this subject. 

Mr. President, we have a nev/spaper jiress in the United States, 
and I am very glad that we have, because through that agency 
we have acquired knowledge of v/hat goes on in Cuba and else- 
where in the world, even in Armenia. In the main it turns out 
that the consensus of statement made by the American joress in 
respect to a matter occurring in a foreign country is true. At all 
events, when they all concur in making a series of statements 
v/ith one accord, it will put even the Senator from Maine upon the 
defensive _t_o make some explanation or some statement on the 
subject. He says he has informed himself and does not believe 
what these papers state. When I ask him who his informant is, 



201 

lie declines to answer. I know who it is, and the world knows 
who it is. The Senator from Maine can not conceal the fact that 
he is in constant commnnication with the Spanish Government 
for the purpose of ascertaining the best way of defending them. 

Mr. HALE. Let me ask the Senator to repeat that statement. 

The PRESIDING OFFICES. Does the Senator from Alabama 
yield? 

Mr. HALE. I was talking with the Senator from Indiana and 
I did nob hear what the Senator said. 

Mr. MORGAN. I stated that the Senator from Maine had said 
that he had sources of information which convinced him that these 
statements were untrue. Now, what are they? 

Mr. KALE. Not one single item of information that I have 
received as to the condition in Cuba comes from the Spanish a"» 
thorities or any representative of them, I have talked with man 
after man who has visited Cuba within the last six months. I 
have letters, correspondence, and statements that, if this debate 
continues, I shall put before the Senate, shoT,ing my authority; 
and they come not from Spanish authorities, but from actual 
American citizens, vs^ith American names, American descent, 
American experience, and American residence. 

Mr. MORGAN. This statement that the Senator has made at 
last discloses where his soiirces of information come from. Do 
they contradict what the American papers say? 

Mr. HALE. They do not contradict Vv^hat the American people 
say, but they contradict very scmarely what the Senator from 
Alabama says; and I do not recognize that the Senator from Ala- 
bama, in seeking to inflame this condition and to bring about a, 
condition of hostilities, represents the American people, Mr. Presi- 
dent, by a great deal. 

Mr. MORGAN. It is a matter of indiiierence to me what the 
Senator thinks that I represent, Mr. President. I speak from what 
the American press has said here, and every man in this body 
knovvs what it is. The American press has uniformly stated that 
not only were there many prisoners whose names were known in 
the prison houses of Habana, men and women, and even little 
chiidi-en, but that there were very many whose names were en- 
tirely unknown to the world. 



AjDvil 7, 1S97. 

Mr. MORGAN. I move that the Senate resume the consider- 
ation of the joint resolution (S. R. 26) declaring that a condition 
of public war exists in Cuba, and that strict neutrality shall be 
maintained. 

Mr. HALB. The Senator, I suppose, desires to go on vv^ith hia 
remarks. 

Mr. M0RGA2T. Yes. 

Mr. HALE. I do not object, of course. When the hour of 2 
o'clock comes — - 

Mr, MORGAI^ . Of course when the hour of 2 o'clock arrives, 
it will cut me off, as well as the resolution. 

The PRESIDENT pro tempore. The question is on agreeing to 
the motion of the Senator from Alabama, that the Senate resume 
the consideration of the joint resolution indicated. 

The motion was. agreed to; and the Senate, as in Committee of 
the Whole, resumed the consideration of the joint resolution. 
2777 



202 

Mr. MORGAN. Mr. President, yesterday, when my observa- 
tions on this subject were being somevN^hat systematically pre- 
sented, according to a usage of the Senate v/hich I think ought to 
be more honored in the breach than in the observance, there was 
an interruption which threw me off to a collateral question, a 
matter of no consequence in the consideration of the merits of the 
joint resolution. Leaving that mattei' and all that concerns it, 
for the present at least, I shall proceed with the argument I was 
endeavoring to make, to show what are the rights of citizens of 
the United States when a declaration of the existence of belliger- 
ency or war in Cuba shall be made either by the Government of 
Spain or the Government of the United States. I had proceeded 
with a sentence, which was broken into, stating that an announce- 
ment by Spain that such a declaration on our part was a hostile 
act would be a mere pretest; that she could not make the declara- 
tion in good faith. 

In the absence of a declaration of belligerency by the Govern- 
ment of the United States or the Government of Spain we have 
found that all the municipal regulations, laws of Spain, whether 
they are specially applicable to Cuba or v;hether they are locally 
applicable to Spain, and all the edicts of the Captains-General in 
Cuba, who have claimed the right and have exercised it, and now 
exercise it, of proclaiming martial law in that island, and, under 
that proclamation of martial law, of defining new offenses to be 
punished in a military way by what we call a drumhead court- 
martial— all of those things have combined together for the pur- 
pose, or at least to the effect, of putting American citizenshiij there 
entirely in subordination to Spanish law, whether it is enacted by 
the Cortes for the peninsula or by that Government for the Island 
of Cuba, or whether it is Spanish law resulting from the mere 
edict of the Cajptain-General. 

I can not conceive, even without reference to the Government 
of Spain and the enormous barbarities that have been perpetrated 
by that Government in the execution of its so-called* laws, that 
any government in the world can hold toward the people of the 
United States a relation of that character. Not only the laws of 
civilized warfare but the laws of nations attend a citizen of the 
United States wherever he may go, and save to him at least the 
right of trial in the jurisdictions of that country inaugurated by 
the civil authority in time of peace, unless the condition of peace 
has been interrupted and a state of public war exists. That is 
rather an important statement connected with the situation of 
the people of the United States in the Island of Cuba. 

If no government in the world has the right, under the laws of 
nations, to try our citizens by newly devised machinery or for 
offenses hitherto unknown to any civil code, and convict them 
and sentence them to death or to imprisonment for life without 
the concurrence of the Government of the United States, either 
expressly or by implication, it must follow that as to the Island 
of Cuba, where there are three situations created by law, to each 
of which the citizen of the United States is held responsible under 
different penalties and to different tribunals, there is great occa- 
sion for serious and earnest consideration whether onv people in 
that island are being made to suffer contrary' to the laws of na- 
tions. There is great and immediate occasion for requiring that 
the people of the United States in the Island of Cuba shall have 
the protection of our treaty rights. I deny utterly and absolutely 
that the Government of Spain can have any right at all to take 



203 

up a citizen of tlie United States found insuboi-dinate or inimical 
to her civil institutions, or raising or promoting insurrection in 
that island, and try Mm in any other mode than that prescribed 
in the treaty of 1795 as it has been modified by the protocol in the 
year 1877. It will not do for the Government of Spain to be per- 
mitted, when it has a treaty vnth ns like that of 1795, followed as 
it has been since that time by modifications on several occasions, 
to ignore and discard the binding obligations of that treaty, and 
to take onr citizens and try them in any form it thinks best for 
offenses declared by a captain-general under martial law at a 
time T/hen peace is said to prevail in that island. 

I'^Tow, tinqnestionably the evidence is pla,in, coming from a great 
many nndispnted sources, that this has been done by Spanish 
authority. Vfeyler and Campos and other officials of Spain when 
in authority in Cuba have issued proclamations denouncing new 
offenses against all persons, including the people of the United 
States who are i3eaceably residing on that island — new offenses 
unknown to the civil code of Spain, unknown to the laws of na- 
-tions, and unknov^^n to anybody except the Captain-General who 
proclaims these laws — and put tliem in force against American 
citizens in a time of peace in the island of Cuba. 

That brings up the main proposition, which I state as follows: 
That in time of peace in the Island of Cuba the power of the 
Spanish Grown or any other power subordinate to the Crown can 
not have the right to decree new crimes, by proclamation, against 
citizens of the United States residing there, and put them on trial 
before a military court-martial for those new offenses. That is a 
moral and legal impossibility in the view we have always had of 
the rights of American people under the laws of nations, and in 
view of our trea.ties with Spa.in. What has been the result in 
Cuba? The President of the United States, in his last annual 
message, refers to some of these consequences and results, and 
v/ithout stopping to read them I will state them, because I think 
I can do it with accuracy and fairness. He says that the people 
of the United States, a,long with other masses of the population 
in Cuba, have been compelled to leave their homes and to herd 
themselves in tlie towns and villages, there to receive supi)ort from 
the Government of Spain through rations issued by the military 
authority, and a breach of those regulations is attended with a 
denunciation against them of penalties of such severity as v/ould 
reach even to life or imprisonment for life. 

Men are not allowed to pass out of those villages without passes 
certified by certain military authorities. That may be v\"ell enough 
for police i^urposes, but how do they get into the villages? Who 
brought them there? Under what authority of law were these 
men assembled in those villages and towns? They have be en herded 
together like cattle and dx-iven by the soldiery into those places, 
not for refuge^ not for i3rotection, but for the avov/ed purpose of 
starvation. Why do I say ' ' for the avowed purpose of starvation? " 
Because they are purposely driven from their homes and are denied 
the privilege of drawing supplies from their own farms and gar- 
dens and are required to place themselves upon rations to be issued 
by the Government of Spain, This is part of a plan of general 
devastation. The penalty for the violation of these regulations is 
outlawry. That means exposure to any act that any guerrilla or 
any Spanish soldier may see proper to inflict upon the poor sufferer. 

Having treaties with us in which Spain engages that our citizens 
shall live in peace upon the Island of Cuba, that vi^hen offenses 
2777 



204 

are charged, against tliem tliey sliali be tried by certain tribunals 
and in a certain way, and tliat tlie offenses wliich are charged are 
described in the act of 1821, when they relate to hostility toward 
the Government, and not in any law to be newly enacted by the 
tikase or decree of the Captain-General— when these things occur, 
our i3eople are protected by that treaty from an_assaurfc on the 
part of the military authorities of the kind that VVeyier has con- 
tinnally waged against citisens of the United States. 

The President of the United States, in his last annnal messa.ge, 
referring to these facts, deplores them, but he offers no corrective. 
I believe, sir, that in that waj^ there has occurred many of the 
most grievou.s outrages of all that have been inflicted by the Gov- 
ernment of Spain upon the citizens of the United States. What 
is the pretext for this situation? The Spanish pretext is that 
insurrection exists in the Island of Cuba. Sir, that is no justifi- 
cation. The nation which declares that insurrection exists, and 
not war, must affirm, and does affirm, its ability to quell the in- 
surrection by the civil authority without waging war and prose- 
cuting military operations; and failing to do that, its responsibility 
for the results is confessed. When the Government of Spain admits 
by the attitude which she takes toward the citizens of the United 
States that an insurrection exists in the Island of Cuba, and that 
Vv^'e have the right to look to her for the suppression of that insur- 
rection, she at the same time admits that she has not any right to 
suspend the civil laws in the Island of Cuba and to put the island 
in a state of war without making a public declaration to that effect. 

Now, here has been the difficulty all the time in the attitude of 
Spain toward the people of the United States, that while they 
use every measure that war justifies for controlling the Island of 
Cuba, for restoring the island, as they say, to peace or to pacifica- 
tion, they, at the same time, deny the existence of war and refuse 
to give to the people of the United States resident there, or who 
may happen to be there, the protection which belongs to a state 
of war. In a state of profound peace, as they assert, they not 
only proclaim martial law, but they enforce the proclamation by 
military authority and military forces, resulting almost in every 
instance Vidiere conviction is had in a military court in the imme- 
diate execution of the alleged convict by the guns of the soldiery. 
That condition of affairs plainly violates the treaty of 1795, and 
the President of the United States, when he sent in his_ annual 
message in December, seems to have been entirely cognizant of 
that fact, for he complains of it and makes his com.plaint a very 
forcible one against the Government of Spain. But no remedy 
comes; there is no relief. 

In view of this situation, I ask the Senate of the United States 
how long are we to abide under the i^resent condition of affairs? 
How long is this authority of the Captain-General of Cuba to con- 
tinue, when he can day after day, according to his own whim and 
caprice, issue new orders defining nev/ crimes, suspending civil 
law, and requiring our x)eople on the island to be subjected to those 
orders and those offenses as he may conceive they have been per- 
petrated? How long are we to v/ait for that? When ought that 
to stop? What relief are our people getting from that situation? 
None, Mr. President, has been obtained as yet. None is promised. 
None is expected. Is it not necessary, therefore, that the Govern- 
ment of the United States should define its attitude in this matter 
with reference to citizens of the United States, in order that they 
may know what to rely upon, or that they may gather up what 



205 

effects they can possibly bring away and leave tlie island and corue 
home for protection? 

How mnch property have the people of the United States in the 
Island of Cuba? The President of the United States says that we 
have 350,000,000 worth of property there. If one man is compelled 
to leave because of the outrages perpetra,ted against his property or 
his person, why not another? These decrees of condemnation for 
offenses that are defined only by the proclamations of Weyler 
amount not merely to outlawry against our i)eople, but to de- 
crees of banishment from the Island of Cuba. Sir, I maintain 
that no such outrage has ever been attempted to be perpetrated 
by one nation against another in the world as that which now 
holds lip its haughty head and demands the submission of the 
United Spates and her -peovUe to such decrees. 

I think 1 have sufficiently stated, yesterday and to-day , the ground- 
work, the basis, the principles, upon v/hich I found this joint reso- 
lution. I could api^eal to the history of the Senate, to its action 
of a year ago, and justify this joint resolution fully. I could ap- 
peal to its action of da,y before yesterda,y and equally Vv^ell justify 
it in every particular. In both of these decla,rations we have an- 
nounced the existence of a state of public v;^ar in Cuba. When 
that announcement is made, then there follows the necessary cor- 
ollary that the laws of civilized warfare apply to the contest in 
the island. We can not get rid of it. Is the declaration true? 
Does public war esist there? If it is true, and if public vs'^ar does 
exist there, then our citizens have the right to the shelter of the 
laws provided by the consent of the civilized nations of the earth 
for that sort of protection which is given to a people when the 
country they are occup7/ing is engaged in public war. I need not 
go on and attempt to define all of the rights that come from this 
condition, but I will refer to a text-book for the purpose of show- 
ing one or two of them, and then later on I will show by evidence 
that I have to adduce here how far these rights have been abused 
in the Island of Cuba. 

Yesterday I adverted to the fact that a declaration of belliger- 
ency or a declaration that v/ar exists in a particular country places 
every man who is in that country in legal or technical hostility .to 
the country with which it is engaged in war. So I will not go over 
that ground except merely to restate it. When a state of war ex- 
ists in a.ny conntvj, a man who is not a spy, who is not affected by 
some very extraordinary aggravation of crime, either in intent or 
in act, and who is caiDtured v/hen he is engaged in waging war, is 
entitled to the immunities, privileges, and protection that are 
clearly laid down in the laws of nations for his government and 
the government of the powers into whose hands he may fall in 
time of war. 

On the subject of the treatment of noncombatants v/hen a state 
of war prevails this author — Col. George B. Davis — who writes 
very clearly and very succinctly, evidently for the purpose of 
making plain many things tha,t otherwise might be obscure to any 
but a law student, says: 

Treatment of noncombatants in the theater of ivar.-^It 118,3 l^een seen that 
the subjects of two Tselligerent states Isecome enemies at the outbreak or 
declaratiou of ■war. They continue in this hostile relation during its contin- 
uance. This status does not authorize them to commit acts of hostility, 
however, which can only be undertaken by persons having the express 
authorization of the belligerent governments. The rest of the population of 
a belligerent territory are not only forbidden to take an active part in mili- 
tai'y operations, but are entitled to personal immunity and protection so 
long as they refrain, in good faith, from taking part in the war. A portion of 



206 

tlieir property may bo taken, with or without compensatiou; their houses and 
lands may bo occiipied and injured, or possibly destroyed, as a matter of mili- 
tary necessity, bnt tlieir persons, and such of their property as is not confis- 
cable by the laws of war, are, by the same laws, completely protected. Any 
offense committed against them or their property is an offense against the 
laws of war, and is promptly and severely punished. This oxempfion from 
the operations of war they continue to enjoy so long- as they take no active 
part in hostile opoi'ations. If they act with the authority of their govern- 
ment, they become a part of its military force, a.nd are treated accordingly. 
If they act without such authorization and in violation of the usages of war, 
thoy are no longer protected, but are punished according to the nature and 
degree of their offense. 

A combatant is a person who, with the special authorization of his govern- 
ment, takes part, oitlier directly or indirectly, in the operations of war. The 
term includes, in addition t o the troops of the line, all staff officers, surgeons, 
and chaplains, officers and employees of the supply and transport service, all 
agents, contractors, and others Avho accompany the army in an official capac- 
ity, and who assist in its movement, cciuipment, or maintenance, and all 
retainei'S to the camp. 

A noncombataut is a resident of a belligerent state who takes no part in 
the war. He is not subject to the laws of war, and is protected by them in 
his person and property so long as ho refrains from participating in military 
operations. 

Prisoners of ivar.—A prisoner of war is a combatant who, by capture or 
surrender, falls into the hands of an enemy. In strictness an enemy has the 
right to make jprisonors of those persons only whom he may lawfully kill in 
war. In practice, howe rer, the former class is much more numerous than 
the latter. 

I proceed now to road from the text £is to tlie treatment of pris- 
oners: 

So soon as an individual of the enemy ceases his armed resistance he be- 
comes vested with all the rights of a prisoner of war. The right to injure 
him is at th-at instant changed into the duty of protecting him and of pre- 
venting his escape. The public property and arms found in the possession of 
a prisoner at the time of his capture become the property of tlio capturing 
state. His private proi:ierty is respected and secured to him by the usages of 
war. Wore it not so protected, every consideration of honor and humanity 
should deter his captor from any act of aggression toward ono who, from his 
situation, is unable to defend himself. 

* :[; IS :]:>!: * * 

Prisoners of war are not guilty of a crime in having defended their coun- 
try. Their conlinement, therefore, can not assume a penal character, but 
miist consist in such measures of detention as will secure them against dan- 
ger of escape. A prisoner of war in attempting to escape does not commit 
a crime. It is his duty to escape if a favorable opportiinity presents itself. 
It is equally the duty of his captor to prevent his escape, and he is justified 
iu resorting to any measures, not punitive in character, that will best secure 
that end. A prisoner of war may be killed in attempting to escape. If re- 
captured, his continement mav be made more rigorous than before. 

According to the iivesont rule of international law, the status of a prisoner 
of war may'bo terminated (1) by exchange; (3) by ransom; (o) by the treaty 
of peace at the end of the war. 

I need not refer to that horn-book learning on the subject of 
the treatment of prisoners of war for the purpose of informing the 
Senate, biit onr constituents have a right to know exactly what 
the laws of war are in relation to a prisoner when he is captured, 
and what are his rights after his capture. This clear statement 
relieves me of the necessity of going any further into the discus- 
sion of this subject, and I turn now to the inquiry which was 
presented by the Senator from Maine [Mr. Hale] to ascertain 
M'hether prisoners have been made of citizens of the United States, 
and whether these are prisoners of war or whether they are cul- 
prits arrested nnder civil process and incarcerated for crimes 
against the municipal laws of Spain. 

In every instance every prisoner who has been arrested in Cuba 
(I speak of American prisoners) has been held in a condition that 
they call ' ' inconaunicado ■■" iu prison during a number of days, var j^- 
ina- from seven to twentv-one. What is that condition of "' inco- 



L'07 

miinicado?'" The man is arrested without a -vrarrant. No com- 
phiint is served npou him. He is not informed of the gronnd of 
his arrest. He does not know what accusation is brought against 
him. He is totally ignorant of the nature of the crime with which 
he may he charged. He is carried to a prison and locked in there. 
No human heing except a military officer is allowed to have any 
communication with him during that period of time, and that 
military officer will not hold any communication with him except 
upon the subject of his alleged crime, using detective power most 
adroitly for the purpose of extracting from him statements in re- 
gard to his movements during any "given period of time, after- 
wards getting these facts (which the ofiicer records, perhaps, or 
retains in his mind) together in such form as that upon them an 
accusation of crime can be predicated. 

That is what talres plaoe when a man is placed in prison ""in- 
comunicado.'' He is not allowed to receive a letter from any 
human being or to read a newspaper or to gain information from 
any source whatsoever. He is locked up in absolute silence, and 
has no one to talk with him or speak in his hearing except an ofid- 
cer of the military force. All these arrests are military. There 
has not been one ci\dl arrest made in Cuba of an American citi- 
zen during the time of the present war in that island. 

Then, at a time to be fixed by this officer, usually at night— in 
some cases the records before us now show that these eii'orts to 
entrap the prisoners into confessions were made in the late hours 
of the night — at a time fixed by the officer, he enters the prison 
and commences to inquire of the prisoner what has taken place, 
what he has done and what he has said, where he ha5 been, with 
whom he has communicated, and what papers or letters he has 
received from anj-one. He is searched, as a matter of course; 
his house is searched ; any place where he may have been is searched 
for the purpose of discovering testimony against him, if by possi- 
bilitj- tliey can find any scrap of evidence to involve him in a 
crime. He makes his statement or he stands mute. If he stands 
mute, that is taken as a confession of guilt; therefore he is obliged 
to talk. He comes out and makes a statement, and a record of the 
statement is retained to be laid before the authorities vdieii they 
formulate against him the charges upon which he is to be tried. 

He remains in that condition until these secret examinations and 
inquisitions are entirely completed. They are the offspring of tlio 
old Spanish Inquisition. The same methods were used in the in- 
quisitorial chambers and dungeons for the purpose of extorting 
by torture if necessary, by breaking on a wheel if necessary, ad- 
missions and confessions of crimes which in the majority of cases 
had never been committed. This ofcshoot from the old inquisitorial 
formula and practice is carried on in the Island of Ciiba, and 
American citizens are subjected to it. 

Now, I am speaking by the card, because here is the evidence, 
much of it sworn to. to prove that that is so. And that state of 
aJt'airs has existed, and it has existed in defiance of the treat}- of 
1T95 and the treatj- of 1S77 and the modifications of the treat}- of 
ITOothathave taken place. There stands the treaty. Here are the 
performances of these secret inquisitions, and here is tlie United 
States, with its Senate and its House of Kepresentatives and it3 
President as dumb as stone statutes, standing bj- and looking on 
all this with composure, and tacitly admitting that Spain has got 
the right to pursue our citizens in this form and to these ends. 

Now, the Senator from Maine took issue with me yesterday upon 
2JT7 



208 

a statement as to the prisons of Cuba being crowded, or " stuffed " 
was the expression that I used, with Americans wlio had been ar- 
rested and incarcerated there since the beginning of the present 
hostilities in 1895. 

I have here Executive Document No. 84, Fifty-fourth Congress, 
second session, that was sent in to us January 25, 1897, by Presi- 
dent Cleveland. It wa,s in response to a resolution of this body. 
In that paper he gives a statement of the arrest of seventy-four 
American prisoners who have been lodged in these jails and made 
" incomunicado," all put under the inquisition, some few of them 
discharged, others held, some condemned to death, some to per- 
petual imprisonment in chains, notwithstanding the provisions 
of the treaty of 1795 that absolutely forbid the trial of these people 
before the jurisdictions to which they were held responsible, and 
notwithstanding the laws of nations, which protect our citizens 
everywhere, that they shall ha,ve free and impartial trial in actions 
of a civil nature in the same manner that citizens of the country 
where they are found shall have free and impartial and open 
trials. 

I remark again that Spain uses against the citizens of the United 
States only military methods for the purpose of prosecuting them 
for Tv^hat she alleges are civil offenses committed in time of peace. 
No man has been arrested in Cuba upon a civil v/arrant. No man 
has had the cause of his arrest stated to him or been informed of 
it until he had passed through this stage of "incomunicado," 
and until there was extorted from him by this inquisitorial proc- 
ess whatever the examiner might be able to extract from him 
either under terror or under deception. Yet seventy-four prison- 
ers were certified to, their names given and the offenses of which 
they vfere accused, and the place of their incarceration is stated 
in this paper sent by the President of the United States. And yet 
the Senator from Maine said that he denied the whole of it; he 
denied positively that there was any evidence before the country 
or any had been produced to show that a single American citizen, 
as I understood him, had been taken thus and arrested and incar- 
cerated 

Mr. HALE. No. 

Mr. MORGAN. And stuffed into a prison. 

Mr. HALE. Tiie Senator does not of course wish to make a 
misstatement. 

Mr. MORGAN. No, I do not. 

^Mr. HALE, i did not by any means deny that there are cases 
of American citizens now in prison in Cuba, but I did deny and 
stated that I disbelieved the statement of the Senator that the 
prisons are filled. I have taken occasion since yesterday to go to 
the State Department, and I have found there that in all there 
are twelve now in prison, three or four of whom the Secretary 
expects will be soon released. Three were taken with arms in 
their hands— there is no qu.estion about them—and the others are 
the crew of a ship. I forget the name of it. 

Mr. MORGAN. The Competitor. 

Mr. NELSON. The Competitor. 

Mr. HALE. The others are the crew of the Competitor. So, 
Instead of the disclosure of such a situation as the prisons being 
filled, as the Senator stated yesterday, which I did question, there 
are only these cases, twelve in all, with the expectation that they 
will be disposed of as I have indicated. I stated yesterday that I 
did not know that all had been released, and I then believed that 



209 

all had not been released; but I have foniid the condition as shown 
by the State Depaxtment to be precisely what I supposed it was. 

Mr. MORGAN. I will not delay the Senate by reading this 
letter 

The PRESIDING OFFICER (Mr. Cannon in the chair). The 
Senator from Alabama will suspend. The hour of 2 o'clock hav- 
ing arrived, the Chair lays before the Senate the unfinished busi- 
ness, which will be stated. 

The Secretary. A bill (S. 1035) to establish uniform laws on 
the subject of bankruptcies throughout the Uiiited States. 

Mr. HALE. As I think it is the understanding that soon after 
2 o'clock there shall be an adjournment on account of certain 
meetings that are to be held, and it is desirable to have a short 
executive session, I move that the Senate proceed to the consider- 
ation of executive business. 

Mr. MORGAN. I have not yielded the floor to any gentleman 
for any purpose. 

Mr. HALE. The Senator has not the floor after the expiration 
of the morning hour. 

Mr. MORGAN. There is no understanding with me about any- 
thing. I am occupying the floor now, and I expect to hold it until 

1 get ready to yield it. 

Mr. HALE. I supposed it to be well understood that when the 
hour of 2 o'clock arrives a Senator who is speaking in the morning 
hour is taken oif the floor by the imfinished business. He is not 
then on the floor. It was then that I obtained the floor and made 
the_motion. 

Mr. HOAR. You were recognized. 

Mr. HALE. I v;as recognised by the Chair. I supposed I had 
the floor. 

Mr. MORGAlM . The Chair had not announced that the hour of 

2 o'clock had arrived. I was merely desiring to put in the Rec- 
ord a part of the evidence upon which I rely. I of course recog- 
nize the fact, Mr. President, that everything must give way to a 
political caucus and to other matters of that kind, and therefore 
I must yield the floor at this moment, after putting this document 
into the Record, and there I vv'ill close my remarks for to-day. 

Mr. HALE. I do not object 

The PRESIDING OFFICER. The Senator from Alabama is 
mistaken. The Chair had announced that the hour of 2 o'clock 
having arrived, the unfinished business Vv^as in order. 

Mr ."morgan. I had not heard that announcement. 

The PRESIDING OFFICER. Thereupon the Chair recognized 
the Senator from Maine, whose motion is in order. 

Mr. HALS. I do not, of course, object to the Senator putting 
in the Record the document to which he refers. 

Mr. MORGAN. The Senator from Maryland [Mr. Gorman] 
interrupted me just as the Chair was speaking, and therefore I 
did not hear what the Chair stated. That is all of it. 

Mr. HALE. I supposed the Senator understood the arrange- 
ment. His side agreed to it. 

Mr. MORGAN. No; I did not know anything about it. I 
never am cognizant of such things until drawn into the vortex of 
political action like a chip around the circumference of a whirl- 
pool. 

The PRESIDING OFFICER. The Chair hears no objection to 
the request of the Senator from Alabama, and the document re- 
ferred to will be i^rinted in the Record. 



210 

The docmneiit is as follows: 

[Senate Hozament So. 8*. ¥if±T-io-STXh Ccngres, second se 



LIST OF CinZEXS OP TJSiTED STATES ASSESTED TS CUBA. 
TS EES?o:r?ss xo SesAxe Ee-oixtios' o? Dscehbes 2L ji^, a Hzpobt of 

J^=jrrAST 25. l£-iT.—2€ff erred is tlis Conniiittee en Fcreirzi Belatioiis, and 
ordsrsa to be printed 

To t^ifi Senate of the United States: 

I traHsisit hereiritli. in r^pOBse to the Sesate r^olutioii of 
Dece:ml:^er 21. 1S96. addressed to tiie Secretary of State, a report of 
mar :=i:er :-:Terijig a list of persoiis claiming to be ciUzens of tiie 
L Eire I ^:a:tr3 «-]io iiaTe bees arretted oa tiie Island of Cuts since 
FebTZiBTj 24r. 1895. to trie present tiiae. 

_ ' GBOTEB CLZVELAIfD. 

Washington. January 25, 1S57. 

The THiiersigned, Secretary of S^te,. ha'dng received a r^oln- 
tion passed iiiike Senate of the Lmted Stares pn Deceint^r 2i, 
1898, in the f ollowi2g \rcrds— 

Teat the Secretary of State 'be^ and he is Iserebj'.direeted to sesS to tlie 



ce — ^ -, a- lj"_i :iiit~r; ifrieeTideEee, sc>"mrastlies£sie appesa^-onthefil^ 

has the honor to lay hafore the President a list of T)€SSGns elaim- 

ing to he citizens of the ITiiited St?.re ; "^h: h2~e heen crre-^ted in 
Cuba since February 2-4, iSSo, to tLt z'-"^---- ~:~e. t: vl^ ii-l rhat, 

interest, the same be tr&nsnnxted to the Senate in response to the 
foregoing resolxitiGn. 

Since the hxe^hig ant of theinsarrectionin Cuba, on February 
24, lS9o, to the present time, 74 persons citizens of the United 
States, or clainaing to be such, hare l^n arrested by the Spanish 
anthorities of the island. 

Passports, certificates of naturalization, registration in the con- 
snlates of this Goremment on thelsland of Cnba. and serriee on 
ships sailing tmder the :S£g of the L nited States haTingteen alike 
accepted by cor cons-alar "oMcers and the Spanish antnorities as 
prima facie evidence of citizenship establishing the rights of the 
claimants to the treatrirnt secured to our citizens nnder onr 
treaties and proto: :'_ . — i ;"._ ;^paiii, it has been deemed, adslsable to 
include in the siib.; lined list all persons of the classes referred to 
■who hare been smsted. 

Of the 74 persons arrested, v haTe been tried, namely, Nos^l, 
86, 70, 71, 72, 73, and 74. in the cases of 2 of these fXos. 1 and b6. 
appeals have been taken, and in the eases of the other 5, the Cor-i- 
petiior prisoners, a ne^r trial has been ordeicd. 



211 

Thirty-six persons arrested have been released, after the charges 
against them had been investigated and found to be baseless. 

Eighteen have been expelled from the island aftey periods of 
confinement lasting from a few days to nearly a year in the case 
of Jose Agnirre (No. 2) ; while 17 cases are still pending. The 
charges against 14 of the 17 are as follows: 

Nos. 31 and 55, sedition and rebellion. 

No. 38, rebellion. 

Nos, 37, 40, 61, and 63, rebellion with arms in hand. 

No. 43, purchase and concealment of arms and ammunition. 

No, 53, disorderly conduct and insults to Spain, 

Nos, 70, 71, 72, 73, and 74, landing arms from CovipetitGr for in- 
surgents. 

In the remaining three cases (Nos. 35, 47, and 52), the nature of 
the charges having not yet been ascertained, demand has been 
made both at Habana and Madrid that they be at once formulated 
and communicated or that prisoners be released. 

Mr. Delgado (No. 54) died in hospital at Habana on the 19th 
in5ta,nt. 

Besides the above 74 cases, 9 correspondents of various news- 
papers in the United States have been expelled from Cuba by the 
Sl)anish authorities, after temporary detention by the military. 

No American citizen has been sentenced or is confined at Ceutro. 

Demands have been made ufton the Spanish Government in 
every case vvhere trial seems to be unreasonably delayed that it 
go forward at once or prisoner be released. 

Respectfully submitted. 

EICHARD OLNEY. 

Department of State, 

Washington, January 22, 1S97. 

List of American citizens, native and naturalized, arrested and imprisoned in 
Cuba since February SU, 1895, to date, statinrj also cause of arrest, charges, 
place of confinement, ivJiether tried, released, deported, err cases pending. 
1. Julio SangTiily, 49 years; native of Cuba; naturalized 1873; arrested. 
February 24, 1895; charge of rebellion; tried Kovember 23, 1895; found guilty 
and sentenced to life imprisonment; case appealed to supreme court, Madrid. 
"Was also tried on charge of participation in tlie kidjiaping of tho sugar 
planter Fernandez de Castro, in 1894, by the late bandrb, Manuel Garcia, and 
acciuitted. Tried for the second time December 21, 1896, for rebellion, the 
case remanded from Spain, and again sentenced December 28 to life impris- 
onment; an appeal taken. Has been imprisoned in the Cabana fort. 

3. Jose Maria Timoteo Aguii-re, &i years; native of Cuba; naturalized 1881; 
arrested February 24, 1895; charge of relsellion; confined in Cabana fort; 
acquitted and deported September 0, 1895; went to the United States. 

3. Francisco Peraza, arrested at Sagua March 2, 1895; charge of participa- 
tion in the robbery of some cattle; released March 4, 1895. 

4. Francisco Carrillo, 45 years; native of Cuba; naturalized 1891; arrested 
at Remedios on February 24, 1893, u]3on a gubernative order for not having 
inscribed himself in the register of foreigners in any province of the island; 
conflned in Cabana fort; released and deported to United States May 29,1895. 

5. Juan Rodriguez Valdes, native of Cuba; naturalized 1876; arrested at 
Piierto Principe April 5, 1895; released April 6. 

6. Justo Gener, 68 years; native of C'aba; naturalized; arrested at Ma- 
tanzas April 6_; released April 9, 1895. 

7. Joss Maria Caraballo, 43 years; native of Cuba; naturalized 1877; ar- 
rested at Matanzas April G; released April 9, 1895. 

8. Manuel Fuentes, 33 years; native of Cuba; naturalized 1889; correspond- 
ent IsTew York World; arrested at Caimanera April 30, 1895; released May 4, 
1895, on condition that he return to United States. 

9. Manuel Vergas, arrested at Remedios July 3, 1893; released and expelled 
July 13, 1895; charged with being an agent of the insurgents, etc. ; naturalized. 

10. Domingo Gonzalez yA-lfonso, 43 years; native of Cuba; naturalized 1876; 
arrested at Quivican .July 3, 1895; expelled September 3, 1895, for the reason 
that his presence in the island is a source of danger to the Government. 

3777 



212 

11. Victoriano Bulit Perez, 83 years; native of Cuba, of American parents; 
arrested at Sagua July 12, 1895; accused of "proposing treasona-We acts;" 
released Noyember 8, 1895. 

13. Joseph A. Ansley, 56 years; born in Habana, of American parents; ar- 
rested at Sagua August 26. 1895; charge, "presence prejudicial to peace of 
island; " deported to United States September 21, 1895. 

13. Aurelio Anslej', 34 years; son of Joseph A. Ansley. Same as above. 

14. Luis Ansley, oO years; son of Joseph Ansley. Same as above. 

15. John A. Sowers, 65 years; native oi: Virginia. Same as above. 

16. Carlos M. Garcia y Euiz, 28 years; born in the United States; arrested 
at Sagua September 7, 1895; accused of attempting to join the insurrection- 
ists; released October 7, 1895. 

17. Jose Martinez Gonzalez, 45 years; native of Cuba; naturalized 1S7S; ar- 
rested at Sagua September 12, 1895; charge of riding on railroad ■^'ithout pay- 
ing fare; no evidence against him; released September 19, 1895, 

18. Mai-iano Eodriguez Zayas, native of Cuba; arrested at Habana Septem- 
ber 17; released September 19, 1895; naturalized; no charges. 

19. Jose Martinez Mesa, 41 years; native of Culja; natiiralizedl878; arrested 
at Habana September 17, 1895; released September 19, 1895; no charges. 

20. Eugene Pelletier, 43 years; native of Cuba; naturalized 1877; arrested 
at Cienfuegos Decem.ber 5, 1895; charged with recruiting for the insurrection; 
released, under surveillance, May 17, 1S96. 

21. Joseph J. Trelles, native of Cuba; naturalized; arrested [at Matanzas 
December 24, 1895; released December 26, 1895; no charges. 

22. Manuel M. (or W.) Amieva, 89 years; native of Cuba; naturalized 1878; 
arrested at Matanzas December 24, 1895, as a suspect; released December 31, 
1893; no charges. 

23. Charles S. Solomon, native of the United States, arrested and released. 

24. Marcos E. Rodriguez, 57 years; native of Cuba; naturalized 1875; ar- 
rested January 17, 1898, on board American steamship Olivette; charge, aid- 
ing the rebellion, sedition, etc. ; released April 1, 1898. 

2-3. Louis Someillan, sr., 58 years; born in Cuba; naturalized Key "West 
1878; arrested January 17, 1896, at Habana; released April 1, 1898; charge, 
aiding rebellion, sedition, etc. 

28. Louis Som.eillan, jr., 36 years; born in Habana, son of above; arrested 
January 17 at Habana; released April 1, 1896; charge, aiding rebellion, sedi- 
tion, etc. 

37. Ladislao Quintero, born in Key West; made a prisoner of war Feb- 
ruary 23, 1898, at Guatao, v/here he had been wounded by Spanish troops; 
released April 11, 1896. 

28. Walter Grant Dygert, 25 years; born in the United States; arrested 
February 23, 1896; imprisoned at Guines; supposed to be insurgent leader El 
Inglesito; finally released and sent to the United States April 24, 1890. 

29. Eev. Albert J. Diaz, native of Cuba; natiiralized; arrested at Habana 
April 16, 1896, charged with forwarding rebel correspondence; confined at 
police headquarters; expelled April 16, 1896; accused of abetting insurrection. 

30. Alfred Diaz; brother of above; arrested, same charge; both of the 
Diazes were released April 23, 1898, on condition of leaving the country; went 
to Key West. 

31. Joseph L. Cepero, native of Cuba; na-turalized 1881; arrested prior to 
January 20, 1896, on board steamer from Cienfuegos to Batabano; case now 
pending before civil court Santa Clara; confined in Santa Clara prison; 
charge, sedition, rebellion, etc. 

33. Luis Martinez, arrested about March 1, 1896; charged with treasonable 
correspondence; released April 13, 1896, on S400 bail; naturalized 1873. 

S3. William A. Glean, native of Cuba, of American parents; arrested at 
Sagua April, 1896; charge, rebellion; military jurisdiction inhibited in favor 
of civil July 28, 1898; released and returned to the United States. 

34. Louis M. Glean, brother of the above; same as above. 

35. Prank J. Larrieu, native of Cuba; naturalized; arrested at Cardenas 
May 15, 1896; case pending; charges not made known. 

38. Louis Someillan, 58 years; native of Cuba; naturalized; arrested July 
7, 1896, for second time; charge, aiding rebellion; turned over to civil court; 
is confined in city prison; trial held January 8, 1897;, sentenced January 13 to 
imprisonment in chains for life; appeal taken. ^ 

37. Maniiel Fernandez Chaqueilo, 19 years; native of ivey West; captured 
July 9, 1896; was the companion of Charles Govin; is in Cabana fort; case 
pending, under military jurisdiction; charge, "rebellion with arms in hand. " 

38. George W. Aguirre, 25 years; born in the United States; captured by a 
Spanish gunboat July 10, 1896; case pending before civil court of Jaruco; con- 
fined in Cabana fort; charge of rebellion. 

39. Samuel T. Tolon, 45 years; native of Cuba; naturalized 1S7S; arrested 
on board American steamer .Seneca Septembers, 1898; incomunicado twenty- 
two days; charged with being a delegate to the Cuban Junta; released and 
deported September 30, 1896; ivent to New York. 

iO. Oscar Cespedes, 20 years; native of Key West; captured without arms 
2777 



213 

in insurgent hospital near Zapata swamp abont September 5, 1896; imprisoned 
&t San Severino fort, Matanzas; question of comiDetency between military 
and civil jurisdiction decided in favor of military; case pending. 

41. Francisco E. Cazanas, arrested as suspect at Matanzas October 14, 1896: 
released October 16, 1896. 

43. Alfredo Hernandez, 44 years; native of Matanzas; naturalized 1876; ar- 
rested at his house at Habana September 6, 1896; suspicion of being concerned 
in the insurrection; expelled September 33, 1896; went to Key West. 

43. Antonio Suarez del Villar, native of Cuba; naturalized; arrested at 
Cienfuegos September 5, 1896; charged with purchase and concealing of arms 
and ammunition; case sent to civil jurisdiction December 33, 1896; in prison 
at Cienfuegos; case pending. 

44. Jose Curbino, native of Cuba; naturalized; arrested at Rincou Septem- 
ber 18, 1896; surrendered to military authorities without arms; released and 
is residing at Santiago de las Vegas. 

45. Joseph Aiistin Munoz, native of New Orleans; arrested at Matanzas 
September 18, 1896; released September 19; claimed that arrest was by mis- 
take. 

46. RamonRodriguez, native of Cuba; naturalized; arrested September 20, 
1896, upon requisition from governor of Matanzas; had been in insurrection; 
surrendered and failed to report regularly; sent to Cardenas and released. 

47. Esteben Venero, 23 years; native of Cuba; naturalized 1895; arrested at 
LosPalos (Habana Province) about September 33, 1896; charges not stated; 
Captain-General asked for evidence of American citizenship on December 9, 
which was sent him; case pending cognizance of military or civil jurisdiction. 

48. Adolfo Torres, native of Cuba; naturalized; arrested October 4 at 
Sagua; charges not stated; release ordered November 83, 1896; question of 
competency not established; released November 36, officer remarking, "We 
have no charges against you." 

49. Esteben Cespedes (colored), born in Cuba; naturalized Key West, 1891; 
arrested October 13,1896, charged with naniguismo (voodoo); espelled No- 
vember 7 and went to Key West. 

50. Eamon Crucet, 48 years; born in Cuba; naturalized 1873; arrested in 
Colon November 1, 1896; charges, public censure of acts of Spanish Govern- 
ment; released December 18, 1896; no grounds of complaint. 

51. Louis Lay, 18 years; native of Cuba, of American parents; arrested 
November 9, 1896, dviring a raid upon a social club in Regla; confined in 
Cabana fort; case ordered to be transferred to civil court at Guanabacoa, 
December 23; charges, aiding rebellion; released January 1.5, 1897. 

53. Jose Gonzalez, 63 years; native of Bejucal, Cuba; naturalized 1883; 
arrested at J-ias Mangas November 10, 1896, taken to prison at Pinar del Rio; 
charges not yet made known to consulate-general, Habana. 

53. Theodore L. Vives, native of Cienfuegos; naturalized 1891; arrested 
November 19, 1896; charges, first, disorderly conduct, and then insults to 
Spain; case pending cognizance of military or civil jurisdiction; is confined 
in jail. 

54. Henry J. Delgado, native of the United States; captured about Decem- 
ber 10, 1896, a,t an insurgent hospital in Pinar del Rio province, after having 
been ten weeks in a hut sick; sent to Habana to Cabana fort; removed to hos- 
pital December 28, 1896, where, our consul-general reports, he received best 
medical attention; died in hospital January 19, 1897. 

55. Gaspar A. Betancourt, 63 years; native of Cuba; naturalized 1877; ar- 
rested December 26, 1896; confined at police headquarters incomunicado, 
charged with sedition. 

56. Fernando Pino Hernandez, 19 years (colored); native of Key West; 
charged with naniguismo (voodoo) ; ordered to be espelled December 30, 1896; 
will be sent to Key West. 

57. Amado Pino Hernandez, 31 years; brother of the above; same as above. 

58. Jose Antonio Iznaga, native of Cuba; naturalized; expelled in August, 
1898; no report. 

59. August Bolton, naturalized 1893. 

60. Gustave Richelieu, naturalized 1870; taken in a boat near Santiago de 
Cuba about February 33, 1896; released from prison about March 1, 1896; sub- 
seciuently rearrested and recommitted for leaving Giaantanamo without per- 
mission; consul considers second arrest an excuse for detention; release 
granted shortly after. 

61. Frank Agramont, and 63, Thomas Julio Sainz, arrested with arms in 
their hands. May, 1895; charge, rebellion; to be tried for armed insurrection 
against the Government; Santiago de Cuba. 

03. John D. Ferrer, no evidence against him; released March 33, 1896; nat- 
uralized at New York, 1878. 

64. Pedro Duarte; 65, Jorge Calvar, and 66, Ramon Roniagosa, arrested at 
Manzanillo for alleged conspiracy in insurrection; expelled August 11, 1896. 

67. Donald B. Dodge or F. M. Boyle, arrested at Santiago de Cuba August 
2, 1895; charge, rebellion (consul thinks his mind unbalanced) ; released August 
ol, 1895, and sailed for the United States; native of New York. 

m7 



214 

68. Bert S. Skiller, ari'ested at La Caleta, iu open boat, April 28, 1S96; re- 
leased at Baracoa September 3, 1898. 

69. Manuel Comas, arrested October 85, 1895, and released. 

70. Alfred Laborde, native; arrested on steamer Competitor April 25, 1896; 
charge, landing arms for insurgents; confined in Cabana fortress; condemned 
to death May 8; order suspended; nev?' trial opened May 11, 1898. 

71. William Gildea, naturalized; same as above. 
73. Ona Melton, native; same as above. 

73. Charles Barnett, native; supposed, to be one of Competitor crew; cap- 
tured on land; same as above. 

74. William Leavitt, British subject; supposed to be one of Competitor 
crevv^; captured on land; same as above. 

List of neivspaper war correspondents iclio have been expelled from the island. 

William Mannix, native of United States; expelled as a dangerous alien, 
etc., February 11, 1896. 

Sylvester Scovel, World, native of United States; reported that he had 
arrived from insurgent lines, and it was intended to deport him in January; 
reported January 20 that he had returned to insurgent lines. 

Charles Michelson and Lorenzo Eetancourt, correspondent and interpreter 
of New York Journal; arrested February 25; confined in Morro Castle; re- 
leased February 27, 1896; charged with ha,ving communicated with insurgents 
by passing through Spanish lines at Marianco, etc. 

Elbert Rappleye, Mail and Express; expelled March 26, 1896, for sending 
news to his paper v\rhich was false and disparaging to the authorities in the 
island. 

James Creelman, World, born in Canada; expelled May 5, 189S, for sending 
to paper false reports touching the insurrection. 

F. W. Lawrence, Journal, born in the United States; expelled May 5, 1896; 
same cause as above. 

William G. Gay, Vforld, native of New \ork; expelled June S7; went to 
New York. 

Thomas J. Dav^rley, war correspondent, native of New York; arrested sev- 
eral times between March 34, 1893, and July 3, on suspicion; charges, " taking 
views of forts and conspiring to blow up same with dynamite;" confined thir- 
teen daj's in Idorro; released. 



April 8, 1S97. 

Mr. MORGAN. I movetliat the Senate proceed to the consid- 
eration of the joint resolntion (S. R. 26) declaring that a condition 
of public vfar exists in Cuba, and that strict neutrality shall he 
maintained. 

The VICE-PRESIDENT. Is there objection to the present con- 
sideration of the joint resolution indicated by the Senator from 
Alabama? 

There being no objection, the Senate, as in Committee of the 
Whole, resumed the consideration of the joint resolution. 

Mr. MORGAN. Mr. President, when I left the floor yesterday, 
at the hour of 2 o'clock, I had ashed leave to put in the Record 
the message of the President of the United States showing the 
number of Americans who were imprisoned in the Island of Cuba 
during the present war and the disposition that had been made 
of them. That record shows that seventy-four American citisens 
were imprisoned. The Senator from Maine [Mr, Hale] says that 
he finds on inquiry at the State Department that only twelve of 
those prisoners are now retained in confinement and subject to 
the prosecutions which have been instituted against them in Cuba, 

That is an act of clemency on the part of Spain which I suppose 
we ought to be very grateful for, inasmuch as it has been obtained 
chiefly by supplication on the part of the United States, I think 
perhaps we ought to strengthen the future prayers of our Admin- 
istration by passing some sort of recognition of the fact that we 
are greatly indebted to the Spanish Government for not having 
Blain outright all of those American citizens. 



215 

Some of them were condemned to death; some of them are still 
on trial for alleged capital offenses; ail of them are held amenable 
to the military laws of Spain in Cuba. More particularly amongst 
that oppressed class are the crew of the Compeiitor, to which I 
shall presently devote some attention, and I will speak with re- 
spect to those prisoners upon testimony which has been given 
before a committee of the Senate, on oath, by witnesses who were 
l^resent at the former trial of the parties. 

I notice also a list of nev/spaper correspondents who have been 
expelled from the island: William Mannix, a native of the United 
States; Sylvester Scovel, a native of the United States; Charles 
Michelson, whose nativity is not given; Lorenza Bentancourt; 
Elbert Eappleye, of the Mail and Express paper (his nativity is 
not given) ;"james_Cre8lman, of the World, born in Canada; F. W. 
Lawrence, of the Journal, bornjn the United States; William G. 
Gay, of the World, a native of I^l ew York; Thomas J. Bawley, Vv'ar 
correspondent, a native of New York. 

So bitter is the resentment of Spain toward the United States 
for not having come out and i^roclaimed an alliance vatli her for 
the purpose of crushing out her Cuban subjects that it is v/ith 
the utmost degree of exasperation she regards any jperson who 
claims to be an American and goes into that island for the pur- 
pose of obtaining information. 

The accusations upon whicli these different correspondents were 
removed from Cuba are that they vfere guilty of false statements 
with regard to the war and the cruelties inflicted upon private 
persons and upon soldiers captured in arms during the present 
struggle. 

Mr." President, it seems very strange if among all the corre- 
spondents the papers of the United States have sent to Cuba they 
could find no man who has sufScient personal character and suffi- 
cient standing in the estimation of the people of the United States 
to be credited in respect to statements he might make for publi- 
cation here, and it does seem strange that not one of them has 
escaped the imputation on the part of the Spanish people and Gov- 
ernment that he was making false reports about the condition of 
affairs in Cuba, 

We have passed through the period of three revolutions in 
Cuba— one twenty years ago that lasted for ten years. A more 
bloody, bitter, and unrelenting struggle was never waged by human 
hands against mortality than that. We then had correspondents 
there. The history of that war and of its incidents has been com- 
pleted. All the civilized world has books that contain a full state- 
ment of the transactions of that war. Its truths have stained 
Spanish history with indelible reproach. The Spanish_ Govern- 
ment has never been able to contradict that record. So in regard 
to the record made by our newspaper correspondents, every one 
of whom has been expelled that I have heard of who went there._ 
The Spanish Government has entered no defense in the nature of 
a contradiction of the specific statements that they have made, but 
has banished them from that country and refused them admission 
there again, upon the ground that they had written false reports 
of transactions in Cuba. 

My mind continually recurs to the treaty of 1795 when I think 
of an American citizen and his rights in the Island of Cuba. These 
men have the right to go there, pushing their enterprise of gath- 
ering news and reporting it to the world. It is not only a lucra- 
tive profession, but honorable, and one to which the world ia 
3T77 



216 

greatly iiidelotecl everj^ clay that we exist. If tlie daily nev/spaper 
press of tlie world was silent; if e, band of " incomunicado " could 
be interposed between tlie people and the newspaper press, so 
that their ntterances shonld not reach the people, no other cause 
of dissatisfaction would be more provocative of wrath than that; 
no privation woiild be considered equal to that in its distressful 
exactions upon human patience. 

The nevfspaper press of the world must necessa,rlly get some 
inaccurate ideas. In the vast mass of information that it sends 
over the postal lines and along the telegraph wires and across the 
oceans on cables it must necessarily fall into error about many 
things. Sometimes in their enterprise they anticipate things and 
conjecture things, almost undertake to prophesy about matters 
that are coming to the front in the future, and make mistakes. 
But, sir, when you look over the statements made last month or 
the month before in the great newspaper press of the Avorid and 
get the consensus of opinion and statements that the various 
papers have made, you have a volume of history collected that no 
man will ever be able to esijunge. It is history founded on the 
facts; it is history that reveals the truth. "What they hit is his- 
tory; what they miss is mystery." 

Here, then, is Spain accused by these men whom she has banished 
from the Island of Cuba on account of particular statements of 
transactions, giving names and date and locality, and no man, not 
even the Spanish press, has ventured to deny vfhat these news- 
paper agents of the United States have published broadcast here 
for the last two years. I have never seen one important statement 
denied about them except some conjectures in regard, to the man- 
ner of the death of Maceo; and yet the circumstances attending 
that transaction were of so i^eculiar a character that we could 
scarcely blame any man for conjecturing that Maceo had been en- 
trapped into an ambuscade and had been slain through treachery. 

Nov/, rated at what it is worth, rated according to its proper 
place in history, with all this mass of newspaper testimony ]3iled 
up against Spain during the last two years, and v/ith the great 
mass of information that the world possesses in regard to the same 
vf ar (for it is the same war that was waged twenty years ago) , it 
is idle for any man in this country to attempt to deny that war 
exists in Cuba or that it is prosecuted under circumstances, condi- 
tions, and v/ith surroundings v/hich violate every possible concep- 
tion in the mind of a civilized man as to what war ought to be and 
what civilized war is. 

1 think, Mr. President, that there ought to be an end to the 
question and an end to debate upon the question as to whether 
war exists in Cuba. There is but one country in the world which 
denies it outside of Spain, and that is the United States of America. 
And yet in all of the cori'espondence of our consiils and consuls- 
general, in the messages which have been sent to us by the Presi- 
dent of the United States, the confession of v/ar is openly and f re- 
quentlj^ made. The struggle in Cuba is not spoken of by any olii- 
cial of the United States in any other light than that war exists 
in Cuba. Vf hen the pivotal point of our ov/n action turns on that 
proposition and no other, when the only question the Senate has 
to consider in respect to the joint resolution now before it is 
whether v/ar exists in Cuba, I think I should be spared the neces- 
sity of inflicting upon the Senate any debate or argument to prove 
a, fact knovv'n to every man, woman, and child in the world who 
has any acquaintance at all with public affairs and general history. 



217 

When a fact so important as this, the turning point in tll0 
rights of our people, is stated upon the floor of the Senate, itis:;^ 
shame that we can not get this body, the House of Eepresenta" 
tives, and the President to come out and. acknowledge the fact, 
proclaim the truth, and let the truth have its own logical effeat 
and consequence. 

I was reading this morning a note from Mr. Dupuy de Lome) 
addressed to Miss Clara Barton. Miss Clara Barton desired to go 
to Cuba with the Red Cross for the j)urpose of relieving the dis^ 
tresses among the people of that island in consequence of the war. 
Mr. Dupuy de Lome, in replying to that— it Is a very late day at 
which this reply comes, however, as I can sliov/ by the records 
here— says: 

I cTtily communicated to my Government the proposition made by you to 
go to Cuba with a yiew of conveying the aid of the American people to tlie 
sufferers in consequence of the war. 

The Spanish minister, with all of his diplomatic cunning and 
reserve, in writing to this splendid v/oman about the great benevo- 
lence which she is conducting, is unable to keep from the tip of 
his pen, or out of his mouth, or out of his thought the words which 
so thoroughly describe the truth of the situation in Cuba, "incon- 
sequence of the war," in which he confesses that there are "suffer- 
ers." if De Lome can say it is a war, why can we not say so? 
Why do we refuse to say so? Because, Mr, President, the very 
moment we make that declaration, the lav^s of v/ar as regulated 
by the laws of nations apply there, and the punishment of men 
for insurrection under municipal orders, decrees, and legislation 
at once ceases. 

Mr. GALLINGEE. Will the Senator permit me? Is that a 
recent utterance of the Spanish minister? It escaped my attention . 

Mr. MORGAN. Yes, sir; it is printed in the Times of Febru- 
ary 12 of the present year. 

Mr. GALLINGEE. Only a month or tvfo ago? 

Mr. MOkGAIm . Yes. V/hen the consequences of the declara- 
tion of the esistence of a Vt^ar in Cuba are so very important, if 
you please, to the twelve prisoners who remain there, so important 
to all of the citizens of the United States vv^ho are there and who 
have propert}^ there, so important to our commerce and to every- 
thing connected v/ith it, it does seem strange that in the presence 
of these facts we can not get our consent to make the declaration, 
in a foi'm that gives to it the effect and power of a lav>^ in this 
country, that a state of war exists in Cuba. 

Now, sir, if a state of war has existed in Cuba and the seventj^- 
four prisoners whose names are given to us by the President had 
been arrested there as being persons who were in complicity v/ith 
the enemy or as prisoners captured out of the armies controvert- 
ing with each other upon the field of battle, instead of these men 
being carried before the secret, inquisitorial tribunals which I de- 
scribed yesterday, and instead of being tried by summary military 
proceedings in court-martial, they would have been confined in 
camps Vvuth all of the riglits and privileges ancl guaranties of pro- 
tection, of maintenance, and of the proper treatment that belongs 
to the character of a prisoner of war. 

On j'esterday I read from the elementary authors a definition of 
the rights and privileges of a prisoner of war. To the jDrisoners 
who are in Cuba now, and those Avho have been there, some of 
whom have suffered indescribable torture for two years in the 
foul prisons of Habana and other prisons in Cuba, what a great 
2777 



218 

relief and. happiness it would have been if a state of war had been 
recognized as existing in Cuba, and they, instead of being cap- 
tnrecl and confined as violators of civil^duties toward Spain, had 
been amenable to no other confinement and no other punishment 
than that v/hich is due to the character of a prisoner of war! 

Mr. President, that is all in the past except as to the twelve 
men who are there yet, but the wound upon the honor of the 
United States Govermnent is not in the past. That is an open, 
fresh, and bleeding wound at this moment, for the wounded, honor 
of a nation d.oes not heal because the occasion is past or because 
of the possibility of making reclamation in the form of monetary 
compensation or damages at some future period. The duty that 
the Government of the United States owes to its own citizenship 
is one that every American is proud to recognize and proud to 
claim. Would to God that the United States Government was 
equally proud to stand up and bestov/ its jprotection and defense! 
But that, it seems, is not the case. 

If the individual suffering of the seventy-four men and that of 
their families could be laid before the Senate to-day, if the history 
of those men who have been incarcerated in the prisons of Cuba 
could be revealed to the Senate, it would perhaps show an extent 
of suffering which would arouse the indignation of every human 
being in the United States. Suppose instead of being seventy-four 
there had been only one. Suppose that only one American citizen 
had been treated in the manner these prisoners have been treated; 
who can say that the Government of the United States can enjoy 
the reasonable i-espect and confidence of its ov/n citizens if it 
stands by and sees one man suffer at the hands of the Spanish 
Government, or any other government in the world, v^^hen the 
suffering is inflicted contrary to treaty, contrary to international 
law, and contrary to the sacred rights of humanity? 

I hoi^e, sir, that we are not in that miserable and low and mean 
condition where our citizens ought to be ashamed of us because 
we have not the strength of character and will to reach out the 
hand of justice and demand rights that belong to our people. 
That is all that I am claiming; but I do claim that, and v/ill con-' 
tinue to do it. 

In order to give a little more emphasis and make a better founda- 
tion for the remarks and characterizations that I have been com- 
pelled to employ in this debate, and that I employ reluctantly 
when speaking of any foreign government, let me read some state- 
ments from the last annual message of the President of the United 
States. 

President Cleveland, in sending in his last annual message, 
adopted a paper v\^hich he sent in v/ith it, a report prepared by the 
Secretary of State, so that the message, of course, and the report 
constitute but one paper. The President says, in speaking of the 
situation in Cuba: 

It is to the same end that in pursuance of general orders Spanish garrisons 
are now being withdrawn from plantations and the rural population required 
to concentrate itself in the towns. The sure result wo.uld seem to be that the 
industrial value of the island is fast diminishing, and that unless there is a 
sneedy and radical change in existing conditions it will soon disappear alto- 
gether. That value consists very largely, of course, in its capacity to pro- 
duce sugar— a capacity already miich reduced by the interruiotions to tillage 
vrhich have taken place during the last two years. It is reliably asserted that 
should these interruptions continue during the current year and practically 
extend, as is now threatened, to the entire sugar-producing territory of the 
island, so much time and so much money will be required to restore the land 
to its normal productiveness that it is extremely doubtful if capital can be 
induced to even make the attempt, 
2777 



219 

We know, as I stated on yesterday, and as the President states 
in Ms message here, that the ^people of the United States have 
§50,000,000 of property in Cuba, the larger part of it invested in 
sngar estates. There are some railroad interests there and some 
iron-mining interests. Now, that single declaration made by the 
President of the United States would admonish any proud-spirited 
and honest-minded people that the time had arrived when a v/ar 
conducted for the purposes declared by the President of the United 
States and in the manner which he states ought to be put an end 
to on account of the interests that we have there, which are being 
destroyed imnecessariiy; that it ought to be put an end to if for 
no better reason than that, even if humanity had no voice to utter 
in support of the proposition. 

I now turn to v\^hat the Secretary of State said on that same 
subject and others closely connected with it. He said: 

The nature of the struggle, however, deserves most earnest consideration. 
The increased scale on which it is waged brings into bolder relief all the 
appalling phases which often appear to mark contests for supremacy among 
the Latin races of the Western Hemisphere. Excesses before confined to a 
portion of the island become more impressive when wrought throughout its 
whole extent, as now. The insurgent authority, as has been seen, finds no 
regular administrative expression; it is asserted only by the sporadic and 
irresponsible force of arms. The Spanish power, outside of the larger towns 
and their immediate suburbs, when manifested at all, is equally forceful and 
arbitrary. 

The only apparent aim on either side is to cripple the adversary by indis- 
criminate destriiction of all that by any chance may benefit him. The pop ■ 
ulcus and wealthy districts of the center and the west, which have escaped 
harm in former contests, are now ravaged and laid waste by the blind fury of 
the respective partisans. The principles of civilized warfare, according to the 
code made sacred by the universal acquiescence of nations, are only too often 
violated with impunity by irresponsible subordinates, acting at a distance 
from the central p<,uthority and able to shield themselves from just censure 
or punishment by false or falsified versions of the facts. 

The killing and summary execution of uoncombatants is frequently re- 
ported, and while the circiimstances of the strife are such as to preclude 
accurate or general information in this regard, enough is known to show that 
the number of such cases is considerable. In some instances, happily few, 
American citizens have fallen victims to these savage acts. 

A President of the United States and a Secretary of State who 
in a message to Congress can make that statement a.nd that con- 
fession, it seems to me, could not be possibly more delinquent in 
their duty than to follov/ it up with persuasion, for that is what 
was done, that the people of the United States should be per- 
mitted still longer to sufier and that no relief should come to 
them. 

In some instances, happily few — 

Says the Secretary of State — 
American citizens have fallen victims to these savage acts. 

Now consult your memory; consult the records of Congress; 
consult, if you i^lease, the archives of the State Department, and 
answer me, and answer the people of the United States, v/hat has 
been done to correct, to demand reparation for, or to prevent the 
recurrence of these terrible things which are stated in the Presi- 
dent's message? 

Well, after that statement, Mr. President, it would scarcely be 
necessary to go into particulars about this, and yet there are par- 
ticulars given to us, notonly uj)on American newspaper authority. 
but upon British newspaper authority, to which we are bound to 
give attention, for whatever we may believe about it, or choose 
not to believe — for that seems to be the situation in which we are 
placed — the European piowers understand this question thor- 
oughly, and long ere this would have intervened there to pre- 



220 

vent tliese outrages against humanity but for a declaration that 
we have made since the foundation of this Government, from 
the lips of almost every President and Secretary of State and pub- 
lic man that we have had, that v/e wouid not tolerate European 
intervention in the affairs of Cuba. We have warned off all 
Europe from doing anything or from even saying anything in an 
official way about the transactions which go on in the Island of 
Cuba. We seem to think that we have a sort of guardianship 
over Cuba, and that Europe must not intervene in any way, even 
for the purpose of protesting in the name of humanity against the 
outrages that are perpetrated in that island. Sir, our guardian- 
ship there, if we have it, is like the guardianship of the devil over 
a condemned soul. We are holding them in duress; we are hold- 
ing them where no other power can relieve them, and where they 
are losing adl their capacity to relieve themselves, warning tiie 
nations of the v/orld that they must say nothing a.bout affairs in 
Cuba and stand by and see the inquisitorial and savage methods 
of Spanish trial and Spanish warfare and Spanish dungeons visited 
upon the Cubans, and even our own people, without so much as 
a protest! Point me to the protest that has been made by the Gov- 
ernment of the United States agamst these outrages. 

Sir, what a firm foundation would these statements have been 
for a protest like this: ''This transaction, thus characterized by 
the President of the United States in a communication to Con- 
gress, must not proceed in Cuba; V\^e must have a guaranty from, 
you that this persecution and wrongdoing have ceased; that this 
blood of innocents has stopped its flow ; we must have some security 
from you, or otlierwise we will take into our ov^n hands that v/hich 
we will not permit other nations to do— the rectification of this 
outrage upon the laws of humanity, the laws of nations, and the 
treaties of Spain with the United States." A protest like that, 
Mr. President, would not only have emptied the prisons of Cuba, 
but those Cuban people out in the hills and on the plains and in 
the swamps and in the dense woods of Cuba v/ould have had their 
hearts lighted up with the responsive sentiment which they found 
ailame in the United States, and they would have stood their 
ground even with more fortitude and hope than they are doing 
to-day, and yet it can not be said of any other people in this world 
that they have shown more fortitude and more loerseverance than 
the class that we call the rebels in Cuba. 

Mr. President, in a field so very wide, that has now occupied so 
great a j)ortion of the history of this century in Cuba, it is almost 
impossible to follov/ a- consecutive and close line of argument to 
demonstrate exactly vmat the situation there is, v/hat it has been, 
and what we may espect it will be, because in respect of matters of 
this kind we are bound to judge the future by the ipast. When a 
man or a nation has performed a series of acts v/hich sa^tisf y you that 
he or the nation has a character of certain impleasant or danger- 
ous complexion, humanity is bound — nations as well as individuals 
are bound — to take up those characteristics v\^hicli have been es- 
tablished in the history of that man or that nation and apply 
them to their future conduct. In respect to Spain, there has been 
no proof of repentance, no change of course, no relaxation of her 
tyranny. Her purposes are the same arbitrary and despotic pur- 
poses v\rhich have characterized her rule of the people of Cuba, 
from the time that that island was first occupied by her subjects. 
Beginning with the Indians, they destroyed them. They went to 
Africa and imported the negroes to take their place, and they kept 
2777 



221 

them in sixcL. condition of slavery and depression as that progress 
amongst them, either religions, moral, or edncational, was abso- 
lutely impossible. Then, when they were forced by the constraint 
of surrounding nations and the demand of European powers to 
emancipate the slaves, they now turn against them and_ reprobate 
them for struggling for the liberties enjoyed by the negroes of the 
United States. They want to prevent the negroes in Cuba from 
enjoying anything of those opportunities and privileges which 
seem to have been so valuable to the negro race since emancipa- 
tion in the United States, and they point to the army in Cuba and 
tell us, as De Lome told us in a letter read in the Senate in which 
he denounced Senators, that these armies in Cuba were composed 
of negroes, and that when the Cubans should achieve their inde- 
l^endence we would have there, as we have in Santo Domingo and 
in Jamaica, negro communities in rule. 

The cr.uelties of Spain, l,Ir. President, have followed the white 
race and the black race alike in everj^ stage of its hlstorj'-. As far 
back as we can trace that Government there has been no sense of 
paternalism in Spain. They have treated their subjects as mere 
feudatories, v/ho were compelled to yield them as much stipend 
as they could wring out of them by taxation, by the bastinado, or 
by the sword, and they have never regarded the common populace 
of Spain as being entitled to any rights except such as for the 
moment the military and the royal rulers of Spain chose to con- 
cede them, really for their own convenience. That has been the 
situation. 

I wish now to advert again to the case of the tv^elve prisoners 
that the Senator from Maine [Mr. Hale] says are still retained 
in Cuba. Amongst those are the Go-nipetitor prisoners, as they 
are called. The little schooner Competitor loaded up with a fev/ 
men v/ho v/ent dovvm to the coast of Cuba for the purpose of land- 
ing them and sending there some arms and ammunition that they 
had a right to sell or to give away or to dispose of to the insurrec- 
tionists or to the Spaniards, as they saw proper. They had that 
right under the laws of the United States, strict as our lavfs are, 
and under the treaties that v/e have with Spain, and under inter- 
national law. One of those young men, sir, if I remember aright, 
is from your own State [Mr. Beeby in the chair] and from a 
family of respsctabiiity; a young fellow, 19 or 20 yeai's of age. who 
started out from the State of Arliansas and vrent to Florida, who, 
having some brightness and some facility for v/riting, engaged 
with the editor of a local paper in Florida that he would go to 
Cuba, get within the lines of the insurrectionists, and would re- 
port to his newspaper, as he might be able to do, the actual situa- 
tion in Cuba. 

Mr. President, I must remarl: for a moment upon that enter- 
prise. This young fellow had his fortune to make, his reputa,tion, 
his fame, to achieve, and he believed tha,t he could do it, and. he had 
the courage to step out into dangerous places for the i)urpose of 
seeking a foothold in the respect of mankind. I honor such a man. 
I do not regards him as a savage or a beastly intruder into other 
people's affairs. He had a right to go there; and if he had the 
courage t-o do so. he is to be applauded for it. 

He got on a little schooner as a passenger, which appears to 
have had some men aboard who v/ere going to Cuba and vfere tak- 
ing arms there, and who doubtless intended to enlist in the Cuban 
army. When a Spanish gunboat came in sight, those men had 
landed a part of the cargo, and they deserted the vessel and v^ent 



222 

off, all but four or five. Three of those men were regular em- 
ployees upon the little schooner — the captain, the mate, and perhaps 
the stevedore or some other sailor. Their ship had been engaged 
for the purpose of making this transit from the United States to 
Cuba— a perfectly honest and perfectly justifiable and lawful en- 
terprise. Young Melton was captured on board the ship v/ithout 
any arms at all, and was taken, along with the balance of those 
men, carried to Ilabana, and incarcerated in a prison and placed 
incomunicado. No one was permitted to see him or talk with him, 
or hold any communication ^with him. He did not know the 
charges that were brought against him. After some days, and 
contrary to some feeble and sickly protest which the Government 
of the United States designed to make in respect of this poor boy, 
he v/as carried before a military tribunal — a naval court-martial — 
and was there condemned to death. That has been now very 
nearly twelve months ago. During all of this time the boy had 
lain in jail; his form had wasted avfay, his strength had disap- 
peared, and the cloud of an early death came lowering down upon 
his young soul, and all the hopes of that youth, who, perhaps, 
might have aspired to anything that this Senate contains within 
its august presence — all the hopes of that boy have been utterly 
destroyed, and his_life has been worse than destroyed by the Span- 
ish inquisition. He was condemned to death. 

Then came a protest from the Government of the United States 
against the manner of his trial. Not that his accusation was con- 
trary to the laws of nations, but that he had not been tried in 
accordance with the act of 1821, passed by the Cortes of Spain, and 
the treaty of 1795 and the protocol of 1877. These require that he 
should have counsel, should understand the nature of the accusa- 
tions brought against him, should have v/itnesses in his defense, 
and should have every advantage tha,t could be secured under the 
Spanish law of 1831, and the law was named in the treaty. JSTone 
of these things was done. He was taken and condemned to death. 
The supreme court at Madrid, however, upon the protest of this 
Government, or of Mr, Hannis Taylor, our minister at the court of 
Madrid, took tiie subject up and they revievv'ed it and reversed the 
decision; and instead of releasing him, as he ought to have been 
released, they remanded the case to the lower court for further 
trial, and from that day to this that boy has been in a dungeon in 
Habana, and is there now; no further trial has been granted to 
him; and he is punished for nothing else than because he is a 
5'oung native-born American who had the temerity to go there 
a,nd accidentally to be found in company with men whom he 
never knev/ before and had no acquaintance with. He had put 
his foot upon the deck of that ship to go there in company with 
these men who were strangers to him, one or two of whom were 
killed in the water, but some of them escaped and v/ent into the 
Cuban a,rmy. 

That is the case of Ona Melton and the crew of the Competitor. 
There were other American citizens and there v/as one British sub- 
ject on that ship, and the consul-general at the place (I believe it 
was Consul- General Ramon Williams at Habana) interposed the 
treaty of 1795, the protocol of 1877, and the act of 1831 in behalf 
of that British subject and defended him. That British subject, 
Mr. President, v/as released. 

Ona Melton is tlierejiow, and two other American citizens, in a 
loathsome dungeon. He has said that oftentimes he v/as incarcer- 
ated in a room that was not 20 feet long and not more than 13 



feet \7icle, with 40 other men, for clays and nights at a time, with- 
ont a place to lie dovvn or to sit down, without a blanket to pnt 
under him, and with three pails of water a day bronght in to 
satiate the thirst of that great crowd of men after thej' had been 
fed on salted codfish tlie night before in order to increase the 
anguish of their thirst. 

Am I stating romances? I am telling yoii now what yfas sworn 
to here by two respectable gentlemen before the Committee on 
Foreign Relations, one of whom I know personallj^, and the other 
I do not know. One of them is Dr. Diaz, the head of the Baptist 
missionary establishment inCnba, who was sent ont by the Sotith- 
ern Baptist Chnrch. Re had been a captain in a former revolu- 
tion, and a gallant one. Re had escaped from a pursuing band of 
soldiers just at the close of that war, along with two otlier men, 
in the nighttime. Tlie Spaniards had chased them until they had 
got them out onto a sand bar or apeninsula reaching into the sea, and 
there, when night shut down, the Spanisli soldiers were afraid to 
come out into the open and attack them. When night came on 
thej^ built fires across the peninsula. These men found some dry 
cedar logs there, threv/ them into the sea, got upon them, and. 
iloated around, expecting the current would carry them to some 
hospitable point where they could land, but. instead of that, the 
current carried them out to sea. One of them dropped off of liis 
raft and died in the water. The other two were picked up by an 
American schooner and carried to Key VV est, and Dr. Diaz was 
delivered to his friends. 

He Tv^as then a captain in the Cuban army; he was a very highly 
educated gentleman, and was a surgeon of character at the time 
he enlisted in that vv-ar. He was born within 5 miles of Habana. 
His family, a very cListinguished one, had held great titles under, 
the Spanish Government, and great renown attached to the name 
of that family, running back through many generations. When 
he came to the United States, he engaged in manual labor as a 
marker of cigars, as most Cubans do who come here. Then he went 
to New York, but by the time he got there his health gave way. 
He was taken to a hospital, and there, under the ministrations of 
an aged lady, who was to him mother and sister amd friend, his 
health was restored; and with the restoration of his health there 
came to him a blessing that Dr. Dias esteems above all that the 
world contains — he became a converted man, and a Protestant. 
Then he went to Philadelphia, and there he was educated in the- 
ology under the tuition of an eminent Baptist divine. Then he 
became a reader and worker amongst the manufacturers of cigars 
in the city of New York; then he went to Florida upon the same 
mission, and then began to preach. He had become a member of 
the Baptist Church, and that great institution, the Southern Bap- 
tist Convention, than which no wiser and more excellent body of 
Christians exists in this world, put him. at the head of a great mis- 
sion in Cuba. He went there and established it. He established 
property by the contributions of the Cubans— not from the United 
States— -in the city of Habana worth three or four hundred thousand 
dollars, including a splendid church edifice, with a congregation of 
more than twelve hundred persons in regular attendance upon his 
ministrations, with other missionary churches established around 
in different parts of Cuba, with a large hospital, with fifteen or 
more free schools, and with a large and beautiful cemetery. 

He was there conducting himself as a Christian gentleman would; 
and so chary Vv-as he of his position and of his rights and duties 



224 

undea* these circumstances that, in reply to a question that I put 
to him, he swore that he had never communicated to the forces or 
to the generals or to anyone else on either side of that controversy 
any information that could be valuable in a military sense. When 
Campos v/as there, Dr. Diaz got his permission and also, I may 
say, the permission of the Government of the United States to join 
v/ith the Geneva Society of the Red Cross in establishing hospitals 
in Cuba. He came here and applied for a position in that benevo- 
lent institution under Miss Clara Barton, the same lady to Avhom 
De Lome addressed a letter in February last. It was required in 
Cuba that they should change the style of the cross, that it should 
be a white cross instead of a red one, for some local reason, I do 
not know what. 

Dr. Diaz was made vice-president of that mission. He went back 
and established a number of hospitals all through Cuba. He treated 
thousands of wounded and sick Spanish soldiers, and, with equal 
consideration, he treated and cared for the rebel soldiers, and also 
for their families. He got large medical supplies, and he was him- 
self a surgeon, and performed skillful operations in Cuba, and 
amongst those the operation which saved the life of Delgado, of 
whom we have heard so much. This man, conducting himself in 
this way, after the Senate had passed a resolution recognizing the 
existence of a state of public v^^arjn Cuba, v\^as preaching at night 
and in daytime in the city of Habana, when bombshells v/ere 
throv/n into his congregation and they were d.riven out. Still he 
behaved himself with that sort of propriety and dignity that be- 
longs to his elevated character, for he fully appreciates it. He 
was arrested, together with his brother, and ijut in jail and kept 
incomunicado for as many, I think, as seven or eight days; and 
when he was discharged, without any crime being imputed to 
him, it was with an order of banisiiment from his church and 
from Cuba; and v/ere he to return there now he v/ould be at once 
arrested and executed. 

Here is an American citizen, fully naturalized here, with the 
best purposes and intentions, a perfectly innocent man, who went 
back to the Island of Cuba upon the highest mission that the human 
mind can conceive of, and who has done untold good to those 
people, has introduced there the light of Protestant Christianity 
in a way, perhaps, to give offense to some other churches, but, at 
the same time, probably not in a way to offend against the senti- 
ments and feelings of the American people, certainly not those of 
the members of the Southern Baptist Convention, who sent him 
there. 

His arrest and banishment violate our treaties with Spain, but 
that grave offense has received no notice from our Government. 
When this Christian minister Vv^as in xjrison, our Government did 
not visit him. 

Now, this is the man v/ho was before the committee and who tes- 
tified. I v/ish to call the attention of Senators who may not have 
known of this document, and who may wish to read it, to the fact 
that it is document 166 of the Fifty-fou.rth Congress, second ses- 
sion. There are copies in the document room. No man can read 
the statement of that noble divine and, if he is an American 
citizen, have a,ny proper respect for his Government when he 
feels that it still lingers and halts in affording a remedy for these 
wrongs. I can not describe the v/rongs that Dr. Diaz witnessed, 
in the presence of this audience, without offending the delicacy 
even of the men v/ho are here, for they would leave the galleries 
2777 



225 

and retire to the corridors should I spread the picture before the 
Senate. It is something that is ahsointely unmentionable in the 
hearing of decent or civilized ears. Those are the people v,-q are 
contending with. 

Dr. Diaz knew this poor boy, Ona Melton. He syinpathised 
with him, but he did not see him in the midst of his snliering, and 
did not, I believe, witness the trial that took place there. I wish 
to read now, and I must beg the pardon of the Senate for asking 
attention to this point, the proceedings of that trial as testified to 
by Mr. Frederick W. Lawrence, a correspondent of the New York 
Journal, I believe, who wasi^resent and saw it, and who vfas after- 
wards banished. 

Mr. SPOONEE,. What is the number of the document? 

Mr. MORGAN. It is Senate Document 166, Fifty-fourth Con- 
gress, second Session. The Committee on Foreign Belations could 
have piled up a great deal of evidence here, sworn testimony, but 
we all felt that it was unnecessary to do so, because all of it vf as of 
one sort; it all ran in the same direction, and there was no occa- 
sion for multiplying evidence about a matter that everybody 
knows. Senator Davis was examining the gentleman, Mr. LavNf- 
rence, and he was going on to give a list of the gentlemen who 
had been banished from Cuba. In reply to a question as to what 
was the alleged cause, etc., of the banishment, he said: 

Q. What was the alleged cause? 

A. Sending false information to Ms paper. That has been the reason that 
General Weyler has alleged for the expulsion of all the correspondents whom 
he has expelled. There were four of us expelled— 

But this list furnished by the President gives eight or nine 
names — 

Q. Go on and give the next instance. 

A. The case of Mr. Darling, an artist for Harper's Weekly, who has been ar- 
rested in territory that is not included in the Captain-General's edict, re- 
leased each time, but detained from one hour to several hours— by several 
hours I mean eight or ten. I am not certain about the American citizenship 
of Mr. O'Leary, so I will not state his case. Mr. Creelman, of the New York 
Herald, was expelled at the same time I was; forbidden to remain longer on 
the island. 

Q. Upon what charge? 

A. Upon the charge of sending false information as to the state of affairs 
in Cuba. I was expelled for the same reason at the same time. 

Q. Now, these cases are those of newspaper correspondents. I apply my 
main question to ill treatment of other American citizens, resident or tempo- 
rary, of the island. 

A. The cases of Alfred Laborde and Milbon. 

Q. Citizens of the United States? 

A. Citizens of the United States. 

Q. Is your information derived from what they told you? 

A. isTo, sir. 

Q. Who did you get it from? 

A. From the testimony produced at the court-martial and from Yiee-Con- 
snl Joseph Springer. 

Q. With what were these two men charged? 

A. They were charged with bringing a fllibustering expedition into the 
Island of Cuba. 

Q. Is that the case of the Comioetitor? 

A. Yes, sir. Those two m.en, American citizens, were arrested, and, so far 
as the testimony of the men who captured them goes, had no arms upon their 
persons. They were brought to Habaaa, tried by general court-martial 
against the energetic protest of the United States consul-general there, con- 
demned to death, and, as I am informed, their sentence delayed by the Madrid 
Government at the request of the Secretary of State, and still held in jail. 

Q. Do you know whether they were assisted by counsel at their trial? 

A. From the American point of view, they were not assisted by cc'unsel at 
their trial: from the Spanish military point of view, they were. 

Q. In what way? 

A. They had a lieutenant in the navy, who askea no questions, who cross- 
£777-15 



228 

examined no witnesses. There -were none prodncecl, except Captain Butron 
and the other officers of the Mensajerra. 

Q. Did this lieutenant adyanco hj v^ary of plea that these men were Ameri- 
can citizens? 

A. He stated in his iDlea that they were American citizens. 

Q. Upon what grounds did he rest their defense? 

A: He asked for mercy for Laborde, for the illustrious nlace his name had 
borne in the Spanish navy, and on account of the things his people had done 
for the Spanish Government. 

Q. And the other m.an? 

A. He asked for mercy for him, stating that he was not there for the pur- 
pose of fighting, but merely in his business as a newsDaper correspondent. 

Q. Do you know whether it appeared on that trial how far the Competitor 
"was from the shore of Cuba when she was captured? 

A. 1 do not remember. 

Q. Do you know whether there was any evidence of that given on the trial? 

A. At the trial there was no evidence given whatever. 

Q. I mean as to the distance. 

A. As to the distance or anything else. 

Q. Have you any information as to the distance she was from the shore? 

A. As to the esact distance, I do not know whether she was within the 
S-mile limit or not. 

Q. vYas this trial secret or public? 

A. Public. 

Q. Did yon attend it? 

A. Yes, sir. 

Q. ¥/ere the men in irons v/hen tried? 

A. No, sir. 

Q. How long did it last? 

A. From a little after 8 o'clock in the morning until afternoon, 

Q. How many v/ere tried? 

A. Five, at once. 

Q. How long was this after their arrest? 

A. It was in the neighborhood of a week, more or less. 

Q. Was any application made at the trial for postponement until they 
could communicate with their Government? 

A. No, sir. Mi". Williams, however, saw them before the trial commenced 
and asked the .iudge-advocate in my presence what sort of a trial it was to 
be, and the judge-advocate replied, "A summary trial." Mr. Williams then 
replied, "I refuse to lend any official recognition to this trial. I protest 
against it," and left. 

Mr. Williams was our consul-general at that time. 

Q. So that no officer of the consular service of the United States was i3res- 
ent at that trial? 

A. No, sir. 

Q. In what manner v/as this lieutenant appointed? 

A. I do not know. If you care for presumption, I presume the judge- 
advocate appointed hun. 

Q. Was he appointed as deputy judge-advocate? 

A. No; he was appointed as what they call "defensor." There was a prose- 
cutor also. He made his plea in about the same way as one of our district at- 
toruej^s would make a plea in this country. 

Tliat is tlie prosecutor, 

Q. Well, this person was an officer in the Spa,nish navy, was he? 

A. Oh, yes. He asked no questions, however. Neither the prosecutor nor 
the counsel for defense asked a single question of anybody. There was not 
a particle of testimony offered escept the officers of the Mensajerra. 

Q. Was there any interpreter present? 

A. There was an interpreter present, but he did not make his presence 
known to the prisoners until they were asked whether they had anything to 
say in their oy/n defense. These long statements were read by the judge- 
ad'S'ocate in Spanish. 

O. These long statements of the prosecuting officer, you mean. Was the 
evidence given in Spanish and translated in their hearing? 

A. No, sir. 

Q. Did their defender communicate to them the substance of it? 

A. He did not utter one single word to them. 

Q. Can he speak English? 

A. I did not hear him. 

Q. Have you any reason to think he could speak the English language? 

A. No, sir; I have every reason to think he could not. 

Q. So that all this long harangue was delivered in Spanish? 

A. Yes, sir. 

Q. And then they were asked what they had to say? 
2777 



^^ 4 

A. Yes, sir; what they had to say iu defense. 

Q. Did he ask that in English? 

A. He did not even do that. The presiding officer of the court-martial- 
there were ten of them, what we might call the jury— the presiding officer of 
that body said to Laborde in Spanish, " What have yoti to say? " He said a 
few words, and so it went until the last man was reached— William Gilday — 
and the presiding officer spoko to him and he did not understand him, and 
then the interpreter got up and said, " Do you wish to say anything?" Gilday 
arose and said, "All I have got to say is I do not understand one word that 
has been said to-day, for me or against me, and at any rate i appeal to both 
the British and American consuls." 

That is tlie British man. 

Q. Now, how many of these prisoners could not speak or understand 
Spanish? 

A. I believe there were two who could not speak and understand S-nanish. 

Q. Which two? 

A. Milton and Gilday. Laborde understood Spanish. 

He calls him Milton. Melton is the proper name. 

Q. Milton was the American and Gilday the naturalized American subject? 

A. Yes, sir; I believe there is some question whether Gilday is a British 
subject or American. The British consul claims that he is a naturalized 
American, but he himself says he never renounced his allegiance to Great 
Britain. 

Q. How long- was it after they were asked whether they had anything to 
say before the trial terminated? 

A. The trial terminated immediately upon the last man having made his 
statement. 

Q. And when was it the defense summed up in their behalf, if at all? 

A. immediately after the prosecution. 

Q. How long did it take him to conclude that summing up? 

A. It took probably fifteen minutes. 
By Senator Morgan: 

Q. But his appeal, as I understand 3roUj was entirely for mercy and not for 
justification. 

A. All for mercy, exoeiDt you can call his plea for Milton that ho was not 
there as a filibuster, but m.erely as a newspaper correspondent. 
By Senator Davis: 

Q. Did Milton undertake to give any account of why he was there? 

A. Yes, sir. 

Q. V/hat account did he give? 

A. He stated he cam.e aboard the schooner as the correspondent of the 
Jacksonville Times-Union. 

Q. Did he state he knew anything of the mission of the schooner? 

A. He did not say. That is the statement that was made by him several 
days before the trial. 

Q. What did Gilday have to say for himself? 

A. He said he was a poor sailor earning his living, 'and he went' aboard 
thinking the schooner was bound for Key West— I think it was for Sable 
Keys, going fishing; that he knew nothing of the nature of the business until 
after it started. Laborde claimed that his ship had been hired by some per- 
son for the purpose of going to Sable Keys for the purpose of fishing there, 
and he was simply held up by a revolver and told to go to Cuba. 

Q. Laborde was the owner of the schooner? 

A. No; he was the captain. 
By Senator Mosgan: 

Q. W'hat did you ascertain to be the general feeling of the native Cubans 
you saw as to this rebellion or war? 

A. The Cubans, all the natives of Cuba that I have seen who in the past 
have possessed any wealth at all, told me they had wrecked themselves to 
help along the war. 

Q. I have seen statements in the papers about volunteer companies and 
regiments and perhaps brigades of native Cubans under the Spanish flag. 
Did you see anything of that sort there? 

A. Yes, sir. 

Q. To what extent, probably, were those enlistments? 

A. Well, just giving a rough estimate— I never looked into the official 
records, but giving a rough gtiess, judging by the numbers of volunteers I 
saw in the streets, I should judge there were 3.000 volunteers. 

Q. Were they volunteers for service in the field or for particular duty? 

A. No, sir; they were volunteers for service in and around the outskirts 
of the city of Habana, guarding the banks, public buildings, theaters, and 
the like. 
3777 



There that subject is dropped. No further attention, I believe, 
was paid to it in the esamination of the witness. Dr. Diaz goes 
on to speak of it, but he speaks from information and not from 
actual observation. There are other matters in Dr. Diaz's testi- 
mony to which I should bs glad to have the opportunity of refer- 
ring, but this has all been printed in the Record heretofore, it 
has been x^rintsd in document form, and I do not feel authorized 
now to go through v/ith all the statements that Dr. Diaz made. 

There is Ona Melton still under that accusation and still in prison 
in Habana. I tried for a long time to get from the State Depart- 
ment, by resolution of the Senate, a statement of the facts in re- 
gard to Ona Melton, and I did not succeed until about the last days 
of the last Administration, and then only got what I believe to be 
a partial statement. But for the fact that there happened to be 
coming to Washington City a man who had written up the subject, 
a man of respectability, an honorable gentleman v/ho v/as here 
and whom the committee ordered the Senator from Minnesota and 
myself to examine, we v/ould have been still in the dark about that 
proceeding in Habana. 

That proceeding is totally illegal — admitting, if you jDlease, for 
the sake of the argument, the guilt of the i3arties — and violative 
of the treaty of 1795, which required, under the act of the Cortez 
of 1821 , that a person, an American citizen, accused of insurrection 
or any crime against the political government of Spain, shall have 
his trial before a certain tribunal; shall be informed, before he is 
tried, of the nature of the accusation; shall have witnesses in his 
defense; shall have counsel employed by himself, and shall have 
free access to them on all occasions. A more flagrant, a more con- 
temptuou.s, violation of treaty rights than is disclosed in this tes- 
timony can not be stated. Here v.'^e stand with Melton still in 
prison; no relief for him, no ]3J--omise of relief, escept the mere 
supplications that we send up here to each other to make a decla- 
ration of law under which the President of the United States would 
be compelled to demand his surrender. 

IsTothing, Mr. President, is done for that poor young fellow. I 
have seen letters that he has written, modest, earnest, supplicating 
letters, that he might bo released from the horrors of that im- 
prisonment; that he might be brought back to liberty. In my 
conception there is not a more innocent man on the earth than 
young Melton is to-day. The Spanish Government when it took 
the steps to condemn him to death, as it did, did not feel that it 
was necessary to produce evidence. The only thing that it proved 
about the poor fellow v,^as that he was on board a ship where 
other men had come aboard, v/ithout his knowledge, with arms 
in their hands, and yet those men who came aboard came lawfully, 
or else Hamilton Fish and all the American publicists who have 
v^^ritten upon subjects of this sort have entirely misunderstood 
the rights of American citizens. 

In a letter which Mr. Fish wrote to Admiral Polo de Bernabo 
April 18, 1874, in reply to a communication that the admiral, who 
was minister to this capital, had written to him, informing him 
of certain orders that had been issued in respect of the Spanish 
marine affair and orders of the Captain-General, Mr. Fish took up 
the subject and replied upon the proposition that the admiral- 
minister had suggested to him. Among other parts of his reply 
which is pertinent to the point I am making, I will read this: 

In regard to tlie second looint tlras stated by Admiral Polo's esteemed 
predecessor, the undersigned was constrained by duo regard to universally 
3777 



?9Q 

recognized principles of international riglits and duties to declare that in the 
absence of a recognised state of war it was no offense in tlie sailing vessels 
and steamers of the United States to carry arms and munitions of war for 
whomsoever it migiit concern. 

Tills is in reference to the former rebellion, of wliicli the present 
is a mere repetition, only it is with higher lights upon it and in 
more exaggerated form. 

Mr. Fish continues : 

The undersigned has uniformly said that no government can by the law of 
nations be held responsible for shipments of arms, munitions, or materials of 
war made by private individuals at their own risk and peril. If a state of 
war should exist, if Spain should be entitled to the rights of a belligerent, 
parties concerned in the shipment of arms and military supplies for her 
enemy would incur the risk of confiscation by her of their goods; but their 
act would involve no ground of reclamation against their government in be- 
half of Spain, and consequently no right to invoke the aid of that govern- 
ment in preventing the perpetration of the act. Such it Is believed is the 
established law of nations, and such the received rule even when the ship- 
ment of arms and munitions is made from the territory of the country whose 
citizens may be the parties engaged in the introduction of these supplies for 
the use of one of the belligerents. 

At another place he goes on to speak of the right of citizens of 
the United States, notwithstanding otir very severe statutes upon 
that subject, to pass from these shores with any sort of war mate- 
rial, to land them on the Island of Cuba at any i)lace that they can 
land, being responsible, if they are caught, only as smugglers, not 
responsible for treason, or rebellion, or insurrection because the 
arms may be used by men engaged in such conduct after they have 
been delivered in Cuba. 

Here is a man engaged, according to our views of international 
law, as expressed, and specifically, -ander the terms of the treaty of 
1795, in an enterprise that in itself is legally innocent, an enter- 
prise for which the Government of Spain has no right to punish 
him except as it would punish a smuggler if he had been caught 
smuggling goods in there v/ithout paying the revenue. It has no 
such right, even under its own lav/ — I speak of the law; I do not 
speak of the decrees of the Captain-CTeneral, for, Mr. President, as 
to us the decrees of the Captain. General are not laws when they 
contravene the treaty rights that are reserved to us under the 
treaty of 1795 and the subsequent modification of that agreement. 

This innocent young man approached the Island of Cuba with- 
out any arms, on'this mission of peace reall3% this mission of public 
education, which to him was a resource of living. He was cap- 
tured, tried in the manner I have stated here, and condemned. The 
supreme court at Madrid reversed the decision and remanded his 
case more than ten months ago, and there he lingers in jail, and 
no President and no person raises a hand for the purpose of extri- 
cating him. JNow, whether there are seventy-four prisoners in 
Culaa or seventy-four thousand, or whether there is but one, in 
the person of O'na Melton, this Arkansas youth, the flag of the 
United States, if it refuses to shelter him, is a disgraced rag. 

IsTo credit is attached to anything that is said hj an American 
newspaper correspondent. No, sir; we have that mean vice in this 
country that we believe no man with an American tongue in his 
head unless he can corroborate his statements by somebody else, 
and if he can get a man from Great Britain to do it, then it all 
goes down all right. Here is a gentleman, Mr. Akers, who is the 
correspondent of the London Times, and who has been a commis- 
sioner of that paper for several years, having visited various parts 
of the world. He came here on his v/ay to Europe and informed 
the State Department of his mission to Cuba and what he was 
2m 



230 

going for. He was going to reside in Cuba and get information 
of the actual situation and communicate it to the Liondon Times, 
and from time to time he did so. He gave impartial accounts, and 
some of them — most of them, indeed — were even more scathing in 
their criticism upon Spanish customs and usages and conduct in 
Cuba than those of the American correspondents who have been 
banished from the island on the pretense that they were making 
misrepresentations with regard to the situation in Cuba. 

For the purpose of getting it before the Senate I desire to have 
the Secretary read a paper that was written by Mr. Ahers to the 
editor of the"lsrew York'Vforld, and which appeared in that paper 
recently, some time during the last week. I desire to have the 
whole of it read, because it is a summary of the situation in Cuba. 
I trust at least that it will not fall upon dull ears when it reaches 
those gentlemen who have the habit of believing that everything 
British is right and that whatever a British man states must be the 
truth. The evidence, however, ia of inherent force as to the recti- 
tude of his statem ent. Will the Secretary please read as indicated? 

The Secretary read as follows: 
To the Editor of the World: 

The end of the dry season Ig now at hand, and SiDain has accomplished little 
to'vvardthe iDaciflcation of Cuba. 

Certain gains have most certainly fallen to the Spaniards, the death of 
Maceo in Decem'ber and the capture of Euis Rivera a few days ago being the 
most notable. But at what cost has the campaign been conducted ! 

The provinces of Pinar del Rio and Habana and large portions of I'.Iatanaas 
and Santa Clara are one staring mass of cinders. 

Desolation and extermination meet the eye at every point; ruin in the pres- 
ent, famine, disease, and death in the future, are all that the Cubans can hope 
for while Cuba remains under Spanish rule. 

Under these circumstances I do not thinls: that the death of this or that 
leader can bring victory any nearer to the Spanish arms. Where one snch 
man as Kuis Rivera is lost to the insurgents a hundred spring up to take his 
place. 

IsO GREAT JULXTARY GENIUS ESS3NXIAL. 

Moreover, it must not be forgotten that this guerrilla warfare needs not 
any great military genius to conduct it. It is, to a very great estent, " every 
man for himself and the devil take the hindmost." The only object in view 
is to keep the country in such a condition of unrest as to make imperative 
the presence of an enormous army of occupation. Small parties of 50 or 100 
men scattered throughout the island can do this more effectively than a con- 
centrated force of 20,000 or 30,000 men, upon which the Spanish commander- 
in-chief could at once mass greater numbsrs, equipped with superior arma- 
ment. 

General Weyler's policy of estermination and devastation is nothing short 
of the almost insane working of an ignora,nt and completely unbalanced mind. 

To kill neacef ul people on the technicality that they have neglected to obey 
the order to leave their homes and take up their residence in some town 
where no means of subsistence exist is inexcusable. 

To devastate the whole Island of Cuba on the plea that by so doing all sup- 
plies will be shut off from the rebels only demonstrates the dense ignorance 
under v/hich the Spanish general is laboring. 

REBELS CAN GET ENOUGH FOOD FOR TEN YEARS. 

The rebels can get food enough to live on for another ten years if neces- 
sary, while the cattle alone now roaming wild in the different districts will 
su]3ply the insurgents with beef for a couple of years to come. 

Hard living it may be, no doubt, but better subsist on the roots, the game, 
and the fish that are the natural products of the island than starve to death 
in crowded villages surrounded by Spanish soldiery. That, at least, is the 
idea dominating the biilk of the Cubans to-day, and Weyler's policy has helped 
that idea to take the practical form of joining the rebel ranks rather than 
obeying the order to come into the towns. 

Of the Spaniards resident in Cuba there are few who approve of General 
Weyler's methods. Some doubtless do so because they fear with intense 
dread that the Culoans may win their independence, and when that time ar- 
rives treat the Spanish element in the future as the Cubans have been treated 
in. the past. 

Of course, if Cuba gains her independence, the Spaniards mnst make their 
2777 



231 

clioice of becoming Cuban citizens or retaining tbeir Spanish nationality. If 
tliey elect the latter alternative, they naturally will lose all power to con- 
trol public affairs. 

CUBANS ALAVAYS HUMANE. 

Granted, however, that Guba,n independence becomes un fait accompli, I 
do not believe, from my experience of the Cuban people, that any undue 
harshness would be shown toward the Spaniards. As a rule, vfherever 
Spanish soldiers have been taken prisoners by the rebels they have been 
kindly treated, tended to if wounded, and often returned to the nearest 
Spanish military post without any condition being exacted. 

The great majority of Spaniards with vested interests in the island con- 
demn General Wej^ler and his practices in most unmeasured terms. Even 
the fear of being marked down as political suspects, with the prospect of 
transportation to an African penal settlement does not deter them from 
expressing openly their hatred of the regime now in vogue. 

As for the foreigners resident in Cuba, they have but one feeling with 
regard to Weyler's methods of conducting the military operations. Thoy 
consider Weyier and his actions as a reflex of the v/orst barbarities of the 
Middle Ages,' far more brutal, indeed, than many of the most severe moans 
employed by the Holy Inquisition to a,ttain its ends. 

And can they be blamed for passing such Judgment on this fiend incarnate 
in human shape? Is there any precept advocated by God or man that Justi- 
fies the wholesale slaughter of innocent m.en, women, and children on no 
other pretext than that they refuse to leave their homes and willingly sub- 
mit to die slowly of starvation in such places as Weyier may order? 

SLAUGHTEK AND STARVATION. 

The object of Weyler's present policy is to exterminate the Cuban people, 
a people composed of some 1,200,000 whites and 500,000 negroes or of mixed 
blood. 

To kill every peaceful male inhaljitant of the country is one of Weyler's 
methods; to drive the Avomen and children into the towns to die of hunger 
is another. 

General Weyier says that rations are issued to these poor wretches forced 
into garrison towns. I can only say that I have repeatedly asked about this 
reputed issue of rations from the poor people themselves, and the reply in- 
A^ariably is that there was some talk of this at first, but no such rations had 
ever been given. These people must beg for a little bread from day to day 
from neighbors better off than themselves, and when these sources are ex- 
hausted sit quietly down to watch their children and themselves waste slowly 
away, until a mercifiil death relieves them from their terrible sufferings. 

In these circumstances, is it wonderftil that foreigners in Cuba have small 
sympathy for Spain in her struggle against her colonists? 

SPAIN'S " HEROISM" AND " NOBLENESS" UNMASKED. 

A few pedantic individuals may talk of the heroic sacrifices and the noble 
efforts made by Spain to retain this last remnant of her once great colonial 
enipire. 

is there anything heroic or noble in sending from Spain 200,000 raw and 
immature boys, not knowing the rudiments of a soldier's duty, to die of fever 
in some pestilential Cuban outpost? 

IS there anything heroic or noble in shooting like dogs every prisoner of 
war taken in the field, or deporting thousands of men without show of trial 
to penal settlements because they are denounced as having sympathy with 
the rebellion? 

is there anything heroic or noble in reducing Cuba to ashes and phanging 
Spain into bankruptcy for no purpose whatever? 

ITo. The truth is that the Spanish people are played upon by political 
cliques in Spain, and their quixotic feelings aroused for the single reason 
that certain politicians may benefit. It is time such criminal folly be ended, 
and nobody knows this better tha,n the foreigner resident in Cuba. 

DESPOTISM'S HEAVY HAND ON JTOEEIONEES. 

The cases are many in which the foreigner has fared as badly as the Cuban 
under this despotic and barbaric Government of Spain in Cuba. 

There is the case of Ruis, done to death in the jail at Guanabacoa. 

Henry D'Abregeon, a well-known Canadian, foully murdered by Spanish 
soldiers while lying sick in bed in his house in Cartagena. 

Dr. Delgado, who was shot and left for dead. 

The ill-fated prisoners of the Competitor, now nearly eleven m.onths in the 
dungeons of the Cabana. 

Yerily, there is small reason for any iove to be lost between the foreign 
resident in Cuba and the Spanish authorities, who, indeed, have little other 
thought of the foreigner than that he is a creature to be robbed and imposed 
upon on every possible occasion. 
S777 



232 

!For the moment, the Spanish, policy professes mora leniency; to American 
citizens in particular and more clemency toward the rebels in general. I 
say "professes" advisedly, for there is small proof that such a policy is to be 
adopted as the outcome of mature deliberation and the decision that the 
measures in the past have been of too severe a nature, 

THE tigeh's clat^^s Ake drat^^n in. 

The real reason for any momentary change is the advent to power of tho 
McKinley Admini£tra,tion. Just now Spain is as full of smirks and smiles, of 
courtesies and tricks, as a coquette of sis seasons at least, or, better said, per- 
haps, the treacherous weather of an English springtime. 

Spain made Sir. Cleveland and Mr. Olney dance to the tune she tjiped. 

I have the authority of Gen. Pitzhugh Lee, the United States consul-gen- 
era,! at Habana, for stating that. 

Not in one single case since he assumed the duties of the Habana consulate 
have American prisoners been accorded the privileges they are entitled to 
under the Spanish-American treaty and protocols. Generai Lee states that 
his efforts to obtain the full treaty rights for Americans were invariably 
thwarted by instructions emanating from Mr. Olney in Washington. 

The object of Spain in making concessions in connection with American 
citizens is simply for the purpose of feeling the pulse of the new Adminis- 
tration. 

If the wiles of the Spanish minister are as successful in entrapping Mr, 
McKinley and Mr. Sherman a;S they were Mr. Cleveland and Mr. Olney, then 
good-bye to any hope for justice to American citizens or protection to Ameri- 
can property in Cuba. 

God grant that Spain's efforts to mislead the United States Government 
may this time prove a failure! 

Take, for example, the one question of the right of the Ciibans to buy war 
material in this country. War material is simply an article of merchandise, 
and why should it not be shipped to Cuba? 

SPAHI'S xniMBLE-RIGGIN-a DIPLOMACY. 

When the subject crops up, Spain says that this constitutes a breach of the 
neutrality lavf s, and j^et in the same breath she declares there is no war in 
Cuba. If, however, any case arise in which all constitutional guaranties and 
treaty rights are ignored, the Spanish authorities assert their I'ight to such 
action because a state of war exists. 

If this latter assertion be true, then Cuban prisoners are entitled to be 
treated according to the customary usages of modern warfare; if there is not 
any state of war, there can be no objection to war material as merchandise 
being es:i>orted from this country to Cuba, as it can be to any other quarter 
of the globe. 

The paramount question for those with interests in Cuba is what chance 
there may be for a speedy termination of the existing condition of affairs and 
the restoration of a las-ting peace, established on a sound and firm basis. This 
happy consummation can not be reached by the promulgation of any reforms 
Spain may see fit to grant to the Cuban people. 

"WEYLER KILLED HOPE FOR P.EFORMS. 

The time is passed when a measure of reform could have satisfied the crav- 
ing for liberty possessed by the Cubans. Weyler's brutal policy of the past 
fourteen months has effectually killed any hope in this direction. 

General Weyler, apparentiy with the support of the Madrid Government, 
is evidently of opinion that the proper way to get rid of the trouble is to ex- 
terminate the Cubans. 

With all due deference to the Spanish commander-in-chief, I do not believe 
such a plan is feasible, even if the United States would quietly continue, as 
hitherto, standing by and allowing the experiment to be tried. 

The Cubans are to-day better armed and equipped and with greater nxtm- 
bers in their fighting ranks than at any time since the revolt began. They 
can continue a guerrilla warfare on the present lines for years, and there is 
every indication that they are prepared to do so. 

Spain, on the other hand, to maintain her present position, must send out 
reenforcements of at least 40,000 men during the current year to fill the gaps 
caused by sickness and the casualties of war. If the Spanish Government 
finds the resources of the mother country xinequal to this further strain, 
then the alternative is to abandon the interior of the island and retain con- 
trol only of the principal seaport towns and their immediate S'arroundings, 
aud so nominally keep the Spanish Sag flying over the Pearl of the Antilles. 

DDK QTJIXOTH IN TEE SADDLE. 

It Is on the rock of finance that Spain must inevitably come to grief over 
this Cuban matter. Her resources are already from a common-sense view 
too heavily mortgaged to allow of anyfrirther continuance of this disastrous 
struggle. But Sjjain puts common sense on one side and acts as did the won- 
derful creation of Cervantes in da^^s gone by. 
277'/ 



233 

The spirit of Don Quixote goyerns every fooling of the average Spanish 
iiiclividna.1 when hia patriotism is qxiestioued just as much to-day as it did 
five centuries ago. The fact that Spain is bankrupt and Culoa ruined does 
not, therefore, mean that there is a prospect of an end of the strife in Cuba 
in the very nea,r future. 

MOES PAPER, HEAVIER TAXES, UNPAID TROOPS. 

The cost of the war for at least another year will be met by unlimited 
issues of paper money, by additional taxation "in Spain, by every device that 
financial ingenuity can concoct, and finally by not paying the troops at all, 
or, at best, giving them only a pittance of what is due to them. 

In this way the struggle will be raaintained for another year or eighteen 
months unless unforeseen causes precipitate a finish. lu the end the peoDle 
of Spain will awake to the fact that the condition of their country does not 
allow them to maintain huge armies at great distances from home. 

That the intervention of the United States Government should take place 
to bring to a close the pitiable scenes now enacted in Cuba admits of no shadow 
of reasonable doubt. 

The past policy of this country has been to ci'y, " Hands off 1" to any Euro- 
pean interference in Cuban matters. This policy was reiterated in the 
strongest terms in Mr. Cleveland's last message to Congress. 

Does not the enunciation of such a policy entail cei'tain responsibilities? 
For my own part, I think it does, and my feeling in this matter is shared nob 
only by every thinking foreign resident in Cuba, but also by the majority of 
Spaniards who have a stake in the island. 

cubaxs a quiet, peage-l,ovii\G people. 

There is an idea hirking in the minds of many Americans, and also in those 
of nearly a.!! Europeans, that the Cubans are a turbulent, quarrelsome peo- 
ple and require harsh measures to keep them in subjection. 

Let me dispel that mistake once for all. The Cubans are a quiet, peace- 
loving race, the white popuLation well educated and intelligent, the colored 
people always bright and cheerful. Both whites and blacks are hard Vv^ork- 
ing and Industrious, far more so, indeed, than any other race I have seen 
living under similar climatic conditions. 

If I may be permitted to give one word of advice to the people of this great 
country, it is to leave Armenia and the Turks to be'dealt with by the Euro- 
pean powers, and attend to their own Armenia, that lies but a stone's throw 
from their own shores. 

C. E. AKEES. 

The YICE-PRBSIBENT. Tlie hour of 2 o'clock having arrived, 
the iinfinishecl Tbtisiiiess -will be taken np. 

Mr. MORGAN. I desire just a moment to put some papers in 
the Record, which I will not ask to have read. Then I vvill very 
cheerfully yield, v/ithout a motion to go on v/ith the resolution, 
to the Senator from Minnesota [Mr. Nelson], who, I understand, 
desires to address the Senate on the subject of the bankruptcy 
bill. Can I have that indulgence? 

Mr. HOAR. After the unfinished business is laid before the 
Senate, let it be laid aside informally for the purpose suggested by 
the Senator from Alabama. 

Mr. MORGAN. It will take me but a moment. 

The VICE-PRESIDENT. If there be no objection, that will bo 
the order. 

Mr. MORGAN. I have brought sworn evidence forward to- 
day from the American side of this question. I have heretofore 
put in the records of the Senate a large number of contributions 
from' American correspondents, whose statements agTee with that 
of Mr. Akers, and are more in detail and more particular, giving 
certain prominent facts that he undertakes to explain. 

1 now present and ask to have printed in the Recokd, vvithout 
reading, a translation from La Lucha, a Spanish newspaper pub- 
lished in Cuba, under date of the ISth of January, 1897, for the 
purpose of showing some military orders that halve been issued 
in Cuba recently, and also for the purpose of showing the distinct 
recognition there of the existence of war whenever it suits tho 

2777 



234 

purposes of tlie Spanish Government. I will send up the trans= 
latloii, and not the original text, Tehicli I hold in my hand: 

In La Liiclia of the IStli of January we see the folio-wing- military decrees, 
Bhowing that there is v\^ar in Cuba: 

Boletin oflcial de la Capitan General (official bulletin of the Captain-Gen- 
eral). In the issue of the 15th of this month the following is published: 

"ARMY OF OPEKATIONS IN CUBA— GENERAL STAfE. 

' [General order for the army of the 13th of January, 1897, given inHabana.] 
"His escellency the general in chief has determined the following: 
" First. His Excellency Pedro Pin Fernandez, general of division, will cease 
in the command of the division of Las Villas and will take charge of the di- 
vision of Manzanillo y Bayamo. 

" Second. His Excellency Julio Domingo Bazan, general of brigade, is ap- 
pointed to the command of the first brigade of the division of Phiar del Eio 
(General Melguizo). 

"Third. General of Brigade Eduardo Losas Berros is appointed chief of the 
second brigade of the trocha (Ciego de Avila). 

" By order of his excellency this is published for general knowledge and, 
compliance. The general of division, chief of staff, Andres Gonzalez Munoz. ' ' 
The same issue of the bulletin contains the following decree as to the ex- 
traction of articles of commerce: 

"ARMY OF OPERATION OF CUBA— GSNSRAL STAFF. 

" The general in chief has seen fit to issue the following circular: 

"In order to give compliance to article 3 of my decree of the Isfc of this 
month as to the extraction of articles, the military authorities will proceed 
in the following manner: 

" The taking out of provisions, clothes, and medicine from town will not be 
permitted unless the military authorities of the places to which the said arti- 
cles are to be taken shall guarantee the buyer the necessitv of the acquisition. 

" For this purpose the military commander and the buyer will sign a dupli- 
cate_iuvoice. 

"in the place where the articles are bought the invoice shall be signed also 
by both the seller and the military authorities, one of the invoices to be kept 
by the latter, so that the merchandise may be examined and proved during 
the transportation, and when it shall have arrived at its destination the in- 
voice shall be delivered to the military authority, who will cancel it and keep 
it as a matter of record. 

" Bj^ order of his excellency this is published for general knowledge and 
compliance. The general of division and chief of staff, Andres Gonzalez 
Munoz. ■■' 

In this same paper we have an omcial dlsiDatch in which it is stated that 
Calixto Garcia, at the head of 5,000 rebels, besieged the town Jiguani and had 
an engagement with the Spanish General Bosch. A mere perusal of this 
paper, as well as of any copy published in the island, proves that there is con- 
stant warfare in every province. 

The nest is from the same sheet, translated from La Lticha, of 
date 26th Jannaiy, 1897. It is a translation of certain telegrams 
which appeared in that paper, one of which relates to the surprise 
and capture of two prefecttiras. I must explain for a moment 
that the prefecturas who were captured were parts of the civil 
government of the Cuban Republic, and were down in Las Villas, 
and also at Artemisa, a province of Pinar del Eio. 

In La Lucha of the 26th of January, 1897, a Spanish paper published at Ha- 
bana, under " Oflicial telegrams,'' are the following: 

"First. In Las Villas, the first guerrilla of Sagua killed the so-called Lieut. 
Col. Safael Soccorro and Civil Governor Salvador Herrera. 

" Second. From Artemisa, province of Pinar del Eio, we have the following 
headline: ' Prefecture surprised.' 

"Third. Again, in the same province there is an account of a destruction by 
Colonel Ceballos of another prefecture. 

" Fourth. There is still another destruction of a prefecture by the Span- 
iards, as can bo seen in the sixth column of that paper." 

All this shows from Spanish sources that the Ciibans have a civil govern- 
ment established, and also from tho engagements in this paper reported it 
can bo seen that the war is being Avagod throughout the island. 

This testimony that I put in now will be followed later on, when 
I next take the floor upon the joint resolution, if I have the op- 
portunity to do so, by a copy of a statement made by a Cuban 



235 

official, an official of the republic, wlio is the chief prefect of the 
most eastern of the provinces of Cuba, and who gives a complete 
account of the entire organization in that province and. in soine 
other provinces of the civil government there. I will only draw 
attention to it now as being supported by the telegrams v^^hich I 
have just put into the Eecosd, because when I nest take the fioor 
I will have some remarks to make about the existence and the 
jurisdictioa, the organization and the perfectness in its opera- 
tions, of the civil government in Cuba, including the collection of 
taxes from the people, of v/hich a very large amount has been 
paid to the government of the republic, and much of it sent 
here for the XDurpose of buying arms. I believe more than 8100,009 
has been sent to the United States from taxes collected by the 
Republic of Cuba for the purposes of buying arms, ammunition, 
and hospital supT)lies. The citizens of the republic who are 
refugees in the United States pay their taxes to the republic as 
cheerfully and as regularly as the tax collectors in Alabama col- 
lect theirs, and I suppose with more cheerfulness than our peo- 
ple pay their taxes, because they are of course urged to do it by 
motives of patriotism, not being under compulsion. 

The civil government of Cuba, as I will i3e able to demonstrate 
by evidence that I intend to produce in connection with the evi- 
dence that I have put in now, is a thoroughly organized, com- 
plete, effectual government, administering justice, enacting laws, 
conducting a regular post-office, with postage stamps and mail 
carriers that carry letters through the entire length of the Island 
of Cuba and send them to the United States. I myself have re- 
ceived letters from Cuba with Cuban postage stamps and no other 
stamps on them. I do not know how it ever happens that they 
come through our mails, but I have the envelopes now in which 
those letters were inclosed. So I expect to show in the next 
attempt I make to explain this matter, which will be the final 
one, the existence in Cuba of a powerful civil government, asvfell 
as a thoroughly organized and very brave and powerful Cuban 
army. 



Aiyril 13, 1S97. 

The VICE-PRESIDENT. The Senator from Alabama moves 
that the Senate proceed to the consideration of the joint resolution 
(S. R. 23) declaring that a condition of public war exists in Cuba, 
and that strict neutrality shall be maintained. 

The motion was agreed to; and the Senate, as in Committee of 
the Whole, resumed the consideration of the joint resolution. 

Mr. MOSG-AjSi. Mr. President, thus far in this discussion I 
have tried to confine the inquiry to the actual situation of citizens 
of the United States and their property in Cuba. 1 have not at- 
tempted to restate the facts disclosed and established in the former 
debates in both Houses of CongTess, which prove that they have 
suffered almost beyond endurance from the illegal and barbarous 
treatment they have received from the Spanish authorities. 

The case thus made out against Spain is a true bill of indict- 
ment which that Government has not attempted to deny. 

"VYith a feeling of confidence that no injustice has been done to 

her conduct or her motives in the terrible arraignment made by 

the American people on the facts that have become historic, I have 

attempted to show that our rights as a nation have been violated 

srrr 



236 

in the open, frequent, and defiant breacli of our treaty agreements 
■with Spain, and the rights of our people under those treaties, 
under the laws of nations, and the laws of humanity have been 
recldessly violated and abused. 

Our Government has honestly emiDloyed all the pov;er of our 
laws, which are of great severity, to shelter Spain from any un- 
lawful aggression of our people. This sincere and expensive work 
has been responded to by Spain with constant reproaches of alleged 
neglect on our part to enforce our neutrality lav/s, while she has 
persistently violated oiir treaty rights, the law of nations, national 
comity, and the most elementary laws of Christian civilisation , in 
her treatment of our people. 

SJnder our treaties v\^ith Spain, we have the right to trade with 
ev^ery inhabitant of Cuba in every article that we can sell to 
Spaniards, so long as that island is in a state of peace; and our 
citizens residing there have the right, so long as Cuban i)orts are 
oioen, freely to import goods, without reference to the i^lace of 
their residence, whether it is in Habana or in some rural village, 
or in the country. But these rights are denied to us in Cuba be- 
cause Spain is v/aging war there. 

This fast and loose way of dealing v/ith questions that involve 
our people in prosecutions for felonies here as well as in Cuba, 
long imprisonments in Cuba that are intended for torture while 
awaiting trial and sentences to death, can not be tolerated at a 
less expense than that of our national dishonor. 

We "furnish the Spanish army and navy v/ith all they need for 
war purposes, and, at the bidding of that Government, we arrest 
all who venture to send like supplies to the people of Cuba who 
are under arms. 

Y\^e send our v/ar ships out to sea to capture merchantmen be- 
longing to our people who are suspected of carrying food, clothing, 
hospital supplies, or any material relief to the suffering Cubans. 

These discriminations that violate our treaties and deprive our 
ovfn people there of their treaty rights are attempted to be justified 
by the falsehood, which our Government does not deny, that war 
does not exist in Cuba, and yet, while affirming this falsehood, 
to v/hich our Government is required to assent on the penalty of 
hostilities with Spain, we permit her to resort to all the measures 
that attend a state of war in her dealings with our people, that 
relate to commerce, to martial law, to imprisonment, trial, con- 
viction, and sentence of death for alleged political offenses, such 
as insurrection, rebellion, enlistment in the Cuban armies, fight- 
ing in their ranks, and many other charges that are brought 
ag-ainst them for the violation of the military orders of the Cap- 
tain-Genera,l of Cuba. 

Never before has any nation claimed the right in a time of peace 
to apply the laws of v/ax to the trial and punishment of the citi- 
zens of a friendly power for offenses against the civil laws. 

It is due to our people and to our self-respect tiiat we should 
compel Spain to recognize the fact that war exists in Cuba, or 
else that she shall cease to resort to the laws of war and to mil- 
itary courts and procedure for the trial and punishment of our 
people for political offenses. No other than political offenses 
have been charged against any of the citizens of the United States 
who have been arrested in Cuba during the jDresent war. At- 
tempts to subvert the Government are the alleged basis of every 
arrest of our citizens that has been made in Cuba. 
2777 



237 

In the history of the world, the moyements of organized massea 
of citizens to subvert bad governments by substituting better ones 
have been the grea-t impulse to the development and security of 
the liberties of the people, and when the motive is just and the 
movement is assisted by niimerous and patriotic bodies of the 
people, they always receive the approval of patriotic men every- 
where, and are always repeated and persisted in until the refor- 
mation is finally complete. Such is the history of all essential 
liberties. 

it is for this reason that, in the laws of nations, an insiirreetion 
rises to the proportion and dignity of a war when it is so strongly 
supported with numbers, resources, and arms as to compel the 
titular government to marshal armies and make open war in order 
to_oyercome the opposition. 

iiowever the pride of the Spanish monarchy may compel it to 
resent the fact, it is bound by the law of nations to the admission, 
in favor of the iDeople of all countries, that the insurrection in 
Cuba has become an open and public war. 

When that movement which'began as an insurrection took the 
form of rebellion, as it did from the start, against the sovereignty 
of Spain, and grew in strength and v/idened the area of its mili- 
tary dominion until Spain was compelled to send greater armies to 
Cuba than Napoleon had at Austerlitz, and to send out the whole 
disposable strength of her navy, and to put the last possible strain 
upon her treasury and her credit to suppress that rebellion, she 
stands confessed before the world as being a party to a great pub- 
lic war, and all countries have the right, under the laws of na- 
tions, without giving her the least offense, to recognize the exist- 
ence of open, public v/ar in Cuba. 

Our great Sepublic, while suHering in every sense from the ex- 
istence of that war so near to our borders, so odious in its pur- 
poses, so inhuman in its conduct, and so injurious to our treaty 
rights, to the rights of our citizens, to our commerce, and the 
peace and welfare of our country, commiserates the woimded 
pride of the haughty monarchy, and has shown a degree of for- 
bearance toward Spain that has encouraged her into excesses of 
cruelty to our ovvn people that have become unbearable. 

The great armaments of Spain have failed in their efforts to sub- 
due her former subjects after two years of war attended v/ith 
enormities of abuse at which all Christendom shudders, and still 
she demands that we shall silently admit that peace reigns in Cuba, 
while the only ruling authority she possesses there is the sword 
and the torch, the one bathed in the blood of innocence and the 
other lurid with the flames of extermination. 

Our honorable and patient forbearance toward Spain is rapidly 
and deeply impressing our people v»^ith the conviction that our 
Government is more sympathetic toward this ancient Bourbon 
dynasty, now suffering the reactionary penalties of centuries of 
opnressive misrule, than it is toward our own people who are 
made to feel the cruelties of Spanish power in Cuba. It is time 
that we should convince mankind, and especially our own people, 
that no shelter can be found, either in our forbearance or our sup- 
posed weakness, for the inhuman barbarities of Spanish warfare 
in Cuba. 

If it were possible to conceive that such deeds could bs com- 
mitted in Canada as I will now read from the sworn testimony 
of Dr. Diaz, it would be impossible to arrest the surging tide of 

• 2777 



238 

volunteers who would nisli into tlie Dominion to wipe off sucli a 
disgra,ce from tlie escutcheon of onr great English-speaking 
family. 

Dr. Diaz says in his sworn testimony before the Committee on 
Foreign Eelations: 

On the IStli day of September, 1893, 1 received authority from the inspector- 
general to organize and maintain sanitary delegations at different " points 
throughout the Island of Cuba. I have no-w in my possession the original 
copy of said certificate of permission, signed olRcially. 

The by-laws were approved on November 18, 1895, copy of which I hand 
you herewith. I would call special attention to article 3 of chapter 1, by 
which it will be seen I was permitted to constitute neutral camps. 

I, with some other doctors and Christian people, some of whom were 
American citizens, organized the White Cross, in conformity with said by- 
laws. 

Wiiile General Campos was in command the rules of civilized Vv'arfaro 
were strictly enforced by his orders. 

After General Weylor assumed command we were summoned before him 
and instructed not to treat or otherwise care for sick and wounded among 
the soldiers of the insurgents, as we had been permitted to do under the 
administration of General Campos. 

Since the time General "Weyler has been in command we have treated 
about 700 Spanish soldiers, each case being reported to him, at a cost to us of 
about S5,000, and before he assumed command we had treated about 1,300 
Spanish soldiers. 

During the time General Campos was in command our delegations treated 
the sick and wounded of both the insurgents and the Spanish alike. 

During the prosecution of this work I have been a great deal out on the 
fields and have had good opportunities of making observations of the prac- 
tices and character of the warfare of both armies. 

I have seen the general order issued by Gen. Maximo Gomez directing that 
ail prisoners captxired from the Spanish army shoiild be treated with proper 
consideration. That first they should be disarmed, then offered an opportu- 
nity to join the insurgent ranks. If they declined to do this voluntarily, then 
they must be released without parole and escorted to some point of safety. 
The same order further directed that Spanish prisoners who were either sick 
or wounded should be nursed and carefully treated until well, when, if they 
do not desire voluntarily to join the insurgent ranks, they must be released 
and conveyed iinder military escort to a point of safety. It was also ordered 
by General Gomez that no women should be molested or interfered with by 
any insurgent soldiers under penalty of death. 

Those entire general orders are now in force and have b(2en since the begin- 
ning of the insurrection. They are very positive, and severe penalties are 
provided for their violation. 

From my personal observation I know tliese orders have been strictly 
enforced. I know of one instance where, in the tov.^n of Jamaica, an insurgent 
soldier violated these orders by laying his hands upon a woman with criminal 
intent. For this offense he was ordered to be shot, and I saw his body after 
he had been executed. 

I have personal knowledge of this order in regard to the release of prisoners 
having been complied with. 

At Peralego I saw General Maceo return to General Campos, at Ballamo, 
about 150 prisoners, and at Camaguani I sav.'- Rego return to the Spanish au- 
thorities 100 prisoners. 

i have also had opportunities for observing the methods of warfare and 
cruelties practiced by General Weyler. It is well known to the residents of 
Cuba that his record is one of cruelty and blood. I can substantiate the fol- 
io (ving incidents which have come under my own observation: 

At Menocol farm, near Managua, on the 3d day of February, 1896, 1 was 
called to attend a woman who had been shot, the bullet entering her shoulder 
and ranging down her spinal column. I saw her at i p. m. The circumstances, 
as related to me by her husband, were as follows: 

He was engaged plowing near his own home, and the woman, his wife, was 
in the field with him, dropping the seed. As soon as the Spanish soldiers, 
under command of General Ruiz, approached in view, they (the Spanish 
soldiers) commenced firing. Both the husband and wife lay down on the 
ground, and in that position she was shot. As the husba,nd was lying down 
he held a small limb of a tree ; this v/as struck with one of the shots. 1 treated 
the wound. They were noncombatants, unarmed, and pursuing their legit- 
imate vocation in their own field; their only offense was that they were 
Cubans. There were at the time no insurgents within 20 miles of them. 

On February 23, 1896, I was present at the city of Punta Braba, where a 
battle was fought between the insurgents and the Spanish under command 
of Captain Calvo. The insurgents retreated. The Spanish troops then went 
2777 



239 

to Grsatao, a suburb about 3 miles distant. The insurgents ■were not Itiera 
and bad not been there. The Spanish soldiers at once commenced to shoot 
private citizens indiscriminately on the streets or in their houses, whererei' 
they found them, until they had Irilled six or seven men (noncombatants). 

The soldiers then vrent into different homes and gathered together seven- 
teen men; they tied these together two and two, binding their hands and 
arms together. Among the number was Mr. Ladislao Quintero, an Americaa 
citizen, who they found in his own] home, sick in bed. He informed the cap- 
tain that he was an American citizen, and protested against being molested. 
Captain Calvo said he wanted him too, and forced him to go, bound with the 
othei-s. When they were all tied, they were taten out together on the street 
and commanded to kneel down. After they had done so, then the v/hole com- 
pany fired on them by command of the captain. The whole of the seventeen 
were killed except Mr. Quintero. He was wounded in the left arm, and the 
man to whom he was tied was killed with all the others. This all occurred 
at 7.30 p. m., on February S3, in the immediate presence of the wives and chil- 
dren of the unfortunate men. Mr. Quintero was about SI years of age, born 
in Key West, Pla. The man to whom he was tied, Mr. Pedro Amador, was 17 
years of age. 

Mr. Pedro Amador was not killed by the gunshot wound he received, but 
one of the Spanish soldiers stepped forward to his prostrate body and beat 
him to death with the butt end of his gun while he was still tied to Mr. Quin- 
tero, the American citizen. I was present and saw this entire proceeding. 
When I returned to Habana, I learned that Mr. Quintero was in Morro Castle, a 
prisoner, where he remained untilApril 11 without having his wound dressed. 
On April 11 he was released. 

I am. informed by persons in Habana who have been prisoners in Morro 
Castle that there are in this prison as many as 100 prisoners confined in one 
small room; that in the morning they are furnished with only three pails of 
water. This is generally used up by 11 o'clock a.m., and they are not allowed 
any more iiutil the following morning. 

in the case of Mr. Edward Delgado, from Eanao, an American citizen, who 
has a claim against the Spanish Government, his papers being on file in the 



citizen at his own home without provocation. 

The following is only a few of the many cruel incidents that have occurred 
while I was present: 

When the military courts inflicted the sentence of perpetual imprisonment 
in the cases of Messrs. Sabourin, Garcia, and others, the Captain-General pro- 
tested, against their leniency and asked for the infliction of the death penalty. 

On the 12th of March I was called by the sanitary delegation of our society 
in the town of Calvario for the purpose of attending to the case of a young 
man of 19 years, who was wounded in the peaceful pursuit of his business— 
that of a milk dealer. He was driving into the town in his milk cart when 
two soldiers fired on Mm from an ambush without any warning, breaking his 
right leg. 

I assisted in carrying the man to his home, and then made an examination 
of his wound and found that the bones of his leg had been fracti;red in such 
a manner that amputation was necessary. I found tha.t the bullet used was 
an explosive one, made as follows: An outside covering of copper filled with 
lead, which results in the copper covering flattening against the lead and 
scattering it in such a manner as to destroy all surrounding tissues and com- 
pound the fractures of the bones. 

On the 13th of March, at the corner of E.eina and Aguila streets, Habana, I 
found a crowd collected around a prostrate man, and, as a member of the 
Vs^'hite Cross Society, I proceeded to render him whatever aid was neces-sary. 
I found the man dead, and counted and made an examination of his wounds. 
He had seventy-one bayonet wounds, seven of which were through the heart 
and several through the eyes. He also had four cuts with the machete on 
the head, the skull being fractured into small pieces. The ferocitj'- of the 
soldiers was also shown by the marks in the sidewalk made by the point of 
the bayonet after having passed through the prostrate form of the man. 
The cause of the killing was as follows: The murdei-ed man was in a dry- 
goods store purchasing cloth when the two soldiers entered, and, after in- 
sulting the proprietor, took this man out and killed him in the manner related, 
saying he was an insurgent. The man had no arms whatever on his person, 
and could not, therefore, defend himself in any way. I wrote out a state- 
ment of his wounds and gave it to the judge in the case, who holds a position 
similar to that of coroner in this country. 

On the lith of the same month, I, as vice-president of the White Cross 
Society, received a report from the town of Artemisa, telling me that the 
Spanish troops under Gen. Suarez Inclan had bombarded an insurgent hospi- 
tal, killing over fifty wounded men who were receiving treatment there, and 
that the surgeon had been compelled to flee to Habana hidden in a cart. 
3777 



240 

Upon his arrival at Habana he confirmed the report made to me. In Artemisa 
the ladies of onr society had two hospitals, one for wounded Spaniards and one 
for wounded Cubans, the latter being the one bombarded, as told. The in- 
surgent forces have entered the town of Artemisa several times, biit have 
never disturbed the Spanish hospital, although they could have easily done 
so if they wished. 

Another insurgent hospital in the town of Paso Real, Province of Pinar 
del Rio, was also destroyed by the Spaniards, killing all the wounded in- 
mates. It is reported that at the time of destruction there were about SCO 
wounded Cubans in it. 

The same thing was done with another hospital in Siguanea, Province of 
Baiita Clara. 

Notwithstanding the proclamation of the Captain -General that all thoso 
surrendering would be pardoned, Mr. Aleman, who surrendered, and who 
also had a wound in the hand, was shot a few days later, on the plea that his 
wound showed that he had been fighting. 

In the woman's jail in Habana there is a lady who has been imprisoned for 
the last sis months solely because she is suspected of being in sympathy with 
the insurgents' cause and because she has tvv-o brothers in the insurgent 
army. There are imprisoned, as rebel sympathizers, several children, the 
age of the youngest being 11 years. 

When an armed force approaches any of tile interior towns, there is great 
excitement and consternation until it is ascertained Avhether they are Span- 
ish troops or insurgent forces. If insurgent forces, there is immediate tran- 
quillity, as they do not destroy anything unless there are Spanish forces 
located there. But if the approaching troops turn out to be Spanish forces, 
there is great confusion and fear, as the Spaniards not only sack the town, 
but steal all they desire and also take all detachable woodwork to be used in 
building their huts. They destroy everything that comes in their way, take 
complete possession of the houses, violate women in many cases, and commit 
nuisances in the middle of the streets. They claim to go into the towns for 
the purpose of defending them against the insurgents, but on the approach 
of the latter they take refuge in the houses and do not come out until the 
town is sat fire to by the insurgents for the purpose of driving them out. I 
have personally seen all this in more than ten cases. 

On the 13th of March I went to the town of Caimito for the purpose of 
leaving medicines, bandages, etc. On arriving there I was informed that 
there were two wounded children at the farm known as " Saladriga." I went 
to their assistance, but found they had ali'eady received medical treatment. 
The eldest of these was 1 year and 6 months old, and had suffered a fracture 
of the right arm, caused by a bullet wound. The other was 3 months old, 
and had suffered a fracture of the lower jaw from a similar cause. I was 
informed that 3 miles from this place the insurgents had attacked a troop- 
laden train without success. The Spanish troops left the train to reconnoiter 
and took the road on which the insurgents had passed. On this road lived 
the mother of these two children. Fearing that some liarm might befall 
them, she decided to seek shelter elsewhere. Upon her appearance at the 
door with two children in her arms, she was fired at, with the above results. 
These Spanish troops were under Commander Calixto Ruiz. 

On the 19th of March I went with my brother Alfred to the town of Bainoa 
for the purpose of attending to Mr. Venancio Pino, 70 years of age, who was 
wounded at the same time as Mr. Delgado. I found that he had several slight 
bullet wounds in the head, but his ri^ht arm had been horribly fractured, 
necessitating amputation at the shouider joint. The bone had been frac- 
tured into many pieces, and was caused by a bullet sim-ilar to the one in the 
case of the milk dealer spoken of before. 

On the 8tli of April, at the farms near the town of Campo Florida, the Span- 
ish troop under Commander Pondevilla assassinated Mr. Ramon Castellanos, 
19 years of age; Joaquin Medina, 14 years old; Jose J. Ochoa, 30 years, and a 
schoolmaster 35 years of age; Domingo Luzans, 36 years; Margarito Zarza, 50 
years; CamiloCejjes, 40 years old; Jose Vaides, 14 years old; Manuel Martinez, 
40 years old. These were buried at a point between tlie siigar estate of Tivo 
Tivo and the town, the Spaniards forcing the victims to dig their own graves 
before murdering them. 

For the purpose of brevity, I will give the number of noncombatants assas- 
sinated each day. I have their names and can furnish them if required. 

On the 9th of April, 4. 

On the 15th, between Campo Florida and the sugar estate of Felicia, 10, 
v/hose coiTJses were left without interment. 

On the same day, on the road betv/een Guanabacoa and Bacuranao, 5 per- 
sons, 2 of whom were cousins of mine. 

Over 100 persons were shot within a radius of 10 mjles and not distant more 
that 6 miles from Habana, and within a period of fifteen days. 

All of these were noncombatants. 

The case against Julio Sanguily, the imprisoned American citizen, is pur- 
posely delayed so as to keep him incarcerated. 
2777 



241 

Mr. BACOJST. Will the Senator from Alabama please state 
from wliat he reads? 

Mr. MOKGrAN. I am readmg from the deposition before the 
Committee on Foreign Relations of Dr._Diaz, whose character 
yon know probably personally as well as 1 do. 

Mr. BACON. From the testimony before the committee? 

Mr. MORGAN. Yes, sir; sworn to. 

In the case of my brother and myself, we were persecuted for the reason 
that we were American citizens and had charge of American church institu- 
tions in Habana. 

During the excitement attending the passage of the belligerency resolu- 
tions in Congress two dynamite bombs were placed in the church and ex- 
ploded while we were holding service, but only resulted in the breaking of 
glass and causing a panic in the congregation. Our house was searched, but 
nothing incriminating was found, but we were arrested and imprisoned eight 
days, being released on the condition that we leave Cuba immediately. I 
would say that no charges were made against us. "We immediately left Cuba. 

Mr. Toledo, au American citizen employed as a Bible distributer by the 
American Bible Society, was imprisoned in the town of Jaruco, and has mj'-s- 
teriously disappeared, and it is believed that he has been murdered. 

My brother and I are here for the purpose of laying these facts before your 
committee and to urge the honorable Senate to either recognize the belliger- 
ency of the Cubans or to have the United States intervene for the sake of 
humanity and civilization. Those are the only methods of putting a stop to 
these frightful barbarities. 

Yours, respectf ally, A. J. DIAZ. 

Senator Mop.GAM'. Do you swear to all that? 

A. Yes, sir. 

Senator MoEGAi<r. Then please sign it. 

The witness then signed the paper. 

Before that time he had been conducted through a severe cross- 
examination by the Senator from Minnesota [Mr. Davis] and 
myself touching the memorandtim from which I have just read. 

What I have just read is only a sample of similar barbarities 
that have blackened the history of Spanish warfare in Cuba for 
the past two years. In the former ten-years war these infamotis 
cruelties v/ere less conspicuous only beca,use they were less knovv'n. 
They alike interpret the inborn cruelty of Spanish rulers. 

The same man, Weyler, who came out of that struggle with the 
odious name "hyena," uttered in scorn by every Cuban's tongue 
as the popular and just description of his character, is now Captain- 
General. He was then a siibaltern, and his decrees now supply 
the law, from day to day, under which the people perish. 

I would not recall this historic description that the people of 
Spanish origin have given to his public career, even to illustrate by 
a popular sobriquet the character of his conduct toward our own 
suffering people in Cuba, but from this bad eminence of his fame 
hisjnhumanity is as visible in Europe as it is in America, 

Hear what a distinguished Frenchman, the genius and the soul 
of true liberty in France, says of Weyler in the April number of 
the Forum — Henri Rochefort. 

Says M. Rochefort: 

And it is possible that, after a long rule of pitiless suppression, the exuber- 
ance of the newly emancipated may be great at the beginning. And after- 
wards? Have not nations their periods of youth and maturity the same as 
individiials? Is it necessary to remind our Republicans of the motto of the 
Palatine Posnanie: "Better a stormy liberty than a calm of servitude? " 

The cause of the Cuban insurgents is that of humanity. We see, too, even 
among the Spaniards themselves— whom it would be profoundly unjust to 
class as a mass with the Canovas and Weylers— the most respected men of 
the democracy, such as Pi y Margall, the former president of the republic, 
declare their sympathy for the brave, patriotic fighters, their abhorrence for 
the butcher general who maintains order by means of ambuscade, torture, 
the shooting of prisoners, and the violation and massacre of women. It would 
need volumes to recount the transgressions of this monster, whom, since the 
2777-16 



242 

first Sastrrrection, the Cubans had named "The Hyena," as they called hig 
superior oificer, Balmaceda, " The Tiger. " The American continent has been 
aroused from one ocean to the other. From Hudsons Bay to Terra del Fuego 
there has been but a cry of horror against this miserable torturer and per- 
jurer, who, always defeated by the heroic Maceo and threatened by him, even 
in the capital itself, has only been able to come to an end with his f ormida,ble 
adversary by having him murdered 1 

What a contrast to the conduct of the Cuban j^-eneral, causing wounded 
Spaniards to be nursed and setting prisoners a,t liberty 1 ' If walls, which it 
is said to have ears, had also a voice, those of Morro Castle could tell a tale of 
numberless atrocities, the knowledge of which, by fragments, has reached 
even to us— the accumulation of suspects of all ages in underground places 
without air and without light; tortures similar to those Montjuich— crush- 
ing of the organs, deprivations of food and drink— inflicted upon prisoners 
to force them to betray their friends and pay rents; secret execiitions and 
drownings. 

All this is done in the name of order, as it was also in the name of civiliza- 
tion that the Spaniards imported into Cuba the garrote, while tho Ameri- 
cans, on the other hand, built railroads there. 

Of this " order," which may be described as spoliation in time of peace and 
assassination in time of war, the Cubans will have no mora at any price. It 
would be difficult to say they are wrong. 

Y/eyler marclies Ms great army of Spanisli conscripts along the 
dark trail of inquisition, rapine, and murder, VT-hicli has been 
carved by Hs genius for cruelty through the ashes and cinders left 
by the fires of ester mination, and insolently spurns our petitions 
for the rights of civilized vi^arfare in favor of our people in Cuba. 

What it is our plain duty to demand of him, we pray for in vain, 
Yie take shelter under the pretest that our declaration that vsrar 
exists in Cuba would expose our commerce to lass and our busi- 
ness interests to disturbance. Rochefort has seen the force of 
that objection, and has this to say about it: 

Y/nile England, profiting by tho lessons of history, endowed Canada, 
Australia, aSTew Zealand, and the Cape with autonomous institutions, an.d 
allowed initiative action to freely take its course sheltered from official inter- 
ference, giving over the country not to functionaries, to soldiers, and to 
priests, but to the civil and laboring population— the producers of all wealth — 
Spasn persevered in the errors of the past. She had lost Mexico, Peru, Chile, 
Argentina, and Guatemala in less than fifteen years by the revolt of their 
exasperated inhabitants. But this lesson did not suffice. On the contrary, 
the colonies which still remained to it, notably Cuba, were groiind down 
more cruelly than ever, and were obliged to pay for themselves and for those 
that had shaken, off the yoke. 

Bobbed, gagged, having no influence where their interests were concerned, 
for all their rulers (one might say their convict keepers) v/ere sent from the 
mother country, which chose, by preference, the ruined gamblers of the 
court, enjoying in reality, despite a seeming semiliberty of the press, no 
constitutional guaranties whatever, for the Captain-General assumed all 
power, as he does to-day, the Cubans, after patient endeavors to obtain pa- 
cifically the most indispensable reforras, realized that their only effective 
course was their resort to arms, and en October 10, 1868, the first insurrec- 
tional movement broke out at Yai'a. 

I will not review this epoch, which endured for ten years— one year longei" 
than tho struggle of the Gauls against Ceesar. Half naked, almost without 
arms, led by chiefs that no peril daunted, no obstacle, however great, re- 
pelled, and who to-day meet again as old men in the new revolution, the 
Cubans inflicted upon their enemies a loss of 100,000 men and of nearly one 
thousand millions. And these, finally incapable to crush the rebellion, were 
forced to treat with it. The pact of 2anjon, concluded between Martinez 
Campos and the Cuban chiefs, stipulated a number of reforms: Administra- 
tive decentralization, admission to public office by conapetitive examination, 
establishment of new customs laws, creation of boards of works, representa- 
tion in the Cortes on the basis of copyhold tenure; finally, and above all, ces- 
sation of a shameless system of malversation. 

Of these clauses, some very flagrantly violated, others were put in force 
under conditions, that worked to the disadvantage of the Cubans. Thus it 
was that a law of mercantile relations was enacted which, instead of reform- 
ing the customs system in a liberal sense, strengthened existing protection, 
compelling the island, without any kind of reciiarocity, to supply itself with 
the costly and Indifferent products of Spain. The presence of Cuban repre- 
sentatives in the Chamber and Senate of Madrid served only to deaionstrate 
the complete futility of this measure, as the voices of these few men were 
2777 



243 



drowned by ministerial majorities. In short, thefts and peculation became 
worse. 

The Cubans could thus by experience convince themselves that the Lib- 
erals were no better than the Conservatives. The only role the one or the 
other assigned to tiiem was, in fact, that of taxpayers. 

Deceived, robbed, subjected to incessant arbitrary acts, eaten up by mili- 
tarism and bureaucracy, hindered in the free cultivation of the most fertile 
soil in the world— for it was, above all, necessary to favor Spanish importa- 
tion which has lost all its other outlets — the Cubans felt their misery all the 
m.ore from having before their very eyes the pictxire of the great American 
Republic, so free, so prosperous. 

They realized and knew that force alone could insure the success of their 
claims. It was at this moment that Jose Marti appeared. 

The American continent is acquainted with the life and death of this man, 
as great as he was modest, whose every effort was devoted to the realization 
of that grand idea, "Cubalibre." An organizer of the first order, writer, 
counselor, indefatigable conspirator, the Antillian Mazzini prepared diiring 
ten years the elements and resources of the second revolution. It broke out 
on February 24, 1895, and has continued ever since. 

Two years of desperate conflicts— ruinous for Spain, which is to-day on 
the verge of bankruptcy— have not weakened the efforts of the insurgent 
patriots. In the United States, better than anywhere else, one could follow 
day by day the varying fortune of this titanic duel— the landing of the two 
Maceo brothers, survivors of a family of heroes, both of whom were to And, 
a few months apart, the most glorious of deaths; the advent in the campaign 
of Maximo Gomez, the veteran of the ten yea.rs' insurrection; the death of 
Marti, fallen in ambuscade before seeing the triumph of his labor; the revolt 
deepening, spreading from the eastern to the western department, toward 
Pinar del Rio, and threatening Habana; the recall of Martinez Campos, pow- 
erless to conquer; his replacement by General Weyler, a wild beast with a 
human countenance; and, finally, the dissolution— greater each day— of the 
prestige and credit of monarchical Spain. 

This is the state of things at present: The entire people of the United States 
have espoused the cause of those who are struggling with so much valor and 
abnegation to break so odious a yoke. Will the Federa,! Government show 
itself less generous than the great nation in the name of which it speaks? 
"Will the American eagle allow the Spanish vulture to settle upon its prey? 

I here insert a statement of onr commerce witli Ouba,wliicla 
shows what we haye lost in tv»^o years by the war that rages in 
that island: 

ilerchandise impcrted into and exported from the United States to Cuba for 

the years named. 

IMPORTS. 





1804. 


1895. 


189G. 


Free 


$67,418,289 
8,259.973 


$17,684,765 
35,186,494 


83, 074. 763 




37,943,067 






Total 


75,678,261 


53,871,259 


40,017,730 









EXPORTS. 






Domestic 


819,8.55,237 
270,084 


SL3,533,260 
274,401 


$7,312,348 




218, 533 








Total. . 


30,135,331 


13,807,661 


7, 530, 880 







Imports decreased from 1894 to 1805, 30.3 per cent; and 1895 to 1896,47.1 per 
cent. 

Exports decreased from 1894 to 1895, 36.4 per cent; and 1895 to 1896, 63.0 per 
cent. 
Imports and exports., United States and Cuba., for eight months ending Fehruar~i. 



1896. 



1897. 



Imports $26,990,770 

Exports 5,423,189 



$6,755,591 
5,494,777 



Imports decreased, eight months in 1896 to 1897, 75 per cent. 
2777 



2U 

What will be the value of our commerce with Cuba if this war 
should continue for ten years, as the former war did? 

Up to date our losses in trade and in the value of oui' property 
in Cuba is more than the sum of $30,000,000. What have we done 
to make this enormous loss, and v/hat can be done to restore this 
hitherto valuable trade? 

Independent Cuba, with the right to regulate commerce with 
other countries, v/ould soon add to the wealth of the world more 
than fourfold its former contributions, and would increase its 
population to four or live million. In this new development the 
United States, without any direct political control in Cuba, would 
naturally come in for a large share of the benefits. 

¥/ith only one-eighth of its arable lands in cultivation the re- 
sources of Cuba would pay 6 i^er cent interest on a debt of §300,- 
000,000, and would save to the people nearly one-half the money 
now extorted from them by Spanish taxation. At the end of this 
war, if it should close at once, the debt saddled on Cuba for the 
expense of butchering the native poiDulation, not including the 
devastation of the island, will be at least §300,000,000. I have 
here a letter I will read that states the debt at §400,000,000: 

Hon. John T. Mohgait. 

Sir: Permit me to give yon som.e facts aaent the financial concTition of 
Cuba, -Wiiicli so m.uc]i occupies tlie attention of business men on said islancl» 
and, -without douTot, interests the business men of the United States associ- 
ated with the commerce of the Queen of the Antilles. 

Four hundred m.illion dollars is to-day the public debt which the govern- 
ments of Spain have imposed upon Cuba during the brief period included 
between the years 1S8.3 and 1806. as the following- will show: 

G-amazo loan of 18S6, which absorbed former debts $121,000,000 

Fabie loan, 1890 175,000,000 

Sums for satisfaction, according- to the law of July 7, 1SS3 26, 000, 000 

Loan of Siiain of 1896 and charged to Cuba 50,000,000 

Other debts (approximate calculation) 25,000,000 

This colossal debt, supposing- that it would not be increased, at 5 per cent 
interest, $20,000,000 each year. Cuba can not support a greater estimated 
expenditure than $17,000,000, that is to say, SIO per inhabitant. In order to 
meet said twenty millions of interest would necessitate an estimated expendi- 
ture of at least §37,500,000, and this would be absolutely impossible for Cuba. 

The reforms projected by the Spanish Government do not satisfy even the 
pacific Cubans. These and many Spaniards, a,s well as the revolutionists, 
understand that with independence alone are they free from this suicidal debt 
and the payment of the large army which Spa,in must necessarily leave in 
Cuba to maintain armed peace, it being then possible for the Cubans to estab- 
lish the estimated §17,000,000, and make with other countries commercial 
treaties necessary for the development of the riches of the countrj^. The 
enormous estimates, the debt, and the impositions on the agriculture", indus- 
try, and commerce are the real causes of the wars in the island. The sums 
paid with that debt were acts on the part of Spain, not of Cuba. 

After four hundred years of misgovernment, Spain persists in treating the 
Cuba,ns like Indians, repeating the butcheries of the fifteenth and sixteenth 
centuries, for which purpose she has posted over the isle 200,000 soldiers, 
manipulated by the bloodthirsty Weyler, who persecutes the patriots, but can 
not defeat them, much less exterminate them, as the Spaniards desire. The 
Cuba,ns constitute the educated element in the country, Vi^ho are struggling 
for an honorable government, which Cuba has never had since her discovery 
in 1492. 

Almost all the Cubans desire indenendence, and we must take into account 
that they constitute 90 per cent of the population of the island. 
Respectfully, yours, 

J. CEOVYE. 

Jacicsonville, FlA., Aioril S, 1S97. 

The interest on this debt would be a bagatelle as compared v/ith 
the largess that is annually imposed upon Cuba of nearly §80, 000,- 
000 for the support of Spaniards of the Peninsula who are permit- 
ted to prey upon the industries of the country. 

3JT7 



245 

Tlie absence of country roads, bridges, scboolhouses, churclies, 
and all public improvements in Cuba is a condemnation of Span- 
isli rule that needs no otlier statement to prove the fact th&'^ Spain 
rules in Cuba alone for the money that can be extorted fr&m the 
people. 

This is not an exceptional situation in colonial government by 
Spain. All her colonies have been destroyed by the tyranny and 
gTeed of the so-called mother Government. 

All this v^xong done to her own people, so far as it relates to their 
industrial prosperity, is no concern of ours in any political sense; 
yet it is a strong proof that almost any change in the government 
of Cuba will be to the commercial advantage of our people. 

The furtive whisperings of diplomatic caution and admonition 
are listened to respectfully by the generous-hearted people of our 
country and are dutifully regarded, until their sense of justice 
and humanity is shccked by repeated acts of cruelty, or by some 
savage attack upon the liberties of the people and the rights of 
humanity; then they turn with one accord upon the oppressors, 
and are ready to make any sacrifice for the vindication of the op- 
IDressed. 

The people of the United States are dangerously near to such a 
demonstration at this hour, and it is now far more difficult to re- 
strain them than it is to prevent the shipment of arms to the 
rebels in Cuba. I fear that the near future has trouble in store 
for us. 

If the land v>''ere continuous between ui5 and Cuba, as it is toward 
Mexico or Canada, tens of thousands of our people would cross the 
border, and Cuba would be free in less than thirty days. 

They wotild not delay until the diplomats could be informed, 
against their quibbling objections and their reluctant will, whether 
the Eepublic of Cuba^has all the teclmical attributes of a govern- 
ment fully organized and equipped for the purposes of civil rule. 

The sympathy that is born of a love of liberty and is turned into 
fierce indignation when Turkish cruelty unfetters the red hand of 
murder in Crete is native to our people, and is aroused in their 
hearts against Spanish cruelty, and will cause them to cross the 
Gulf of Slexico as the Greeks are crossing the waters of the Med- 
iterranean Sea and the frontier of Macedonia to save sufi;ering 
humanity from outrages that only Turlis and Spaniards know how 
to inflict upon innocent xDeoplo. 

It is better that the oppressed people shouklhave the unrestricted 
right of self-defense Avhen despotism uses the svv^ord and the torch 
to slay them and devastate their homes than that our great Re- 
public should be compelled to ignore the truth that war exists in 
Cuba. It is better tlmt we should confront Spain with the power 
and majesty of the laws of nations than to cover up her iniquities 
under a false disguise. 

The belligerent rights of Cuba do not depend on the form or the 
efficiency of the civil government there. In the message of the 
President to the last session of Congress this objection to the rec- 
ognition of the belligerency of the Cubans Vv'as tirged as a prohibi- 
tion upon any action on the part of the United States. Not only 
is it utterly illogical to say that belligerency depends on the form 
of civil government in Cuba, when open public \Yar has been fla- 
grant there for more than two years, but it is not true that such 
a government does not exist there. 

War is a fact that does not depend upon the civil authority that 
may support it. Every revolution to overthrow the titular sov- 
2777 



248 

ereigiity in a state or province begins with insurrection, vrliether 
the rebellion is armed or is only a civil commotion. If it is armed 
rebellion, and if the resistance to it makes necessary the employ- 
ment of armies and navies, the necessity for their use, when it is 
so serious as to displace the civil power of the sovereign, creates 
a state of war without reference to the nature or form of civil 
government which may be so displaced or adopted by the rebel 
power. Otherwise no insurrection could ever reach the condition 
of war until it had completely expelled the titular sovereignty and 
until the rebel power had been fully established and developed into 
organized government. 

I repeat that v/ar is a fact, and the proof of its existence is es- 
tablished when the whole military power of the parties engaged 
is called into the actual conflict of arms. This fact distinguishes 
open public war from partial or imperfect warfare. Spain and 
the people of Cuba both recogiiized "in the beginning that open 
and desperate war existed in that island, and at once put forth 
their utmost military power in implacable hostility and deadly 
array. 

This v/ar v\^as only the revival of the war of ten years — from 
1868 to 1878 — Linder the same generals on both sides and with the 
same classes of combatants. That v/ar closed with the capitula- 
tion of the Kepublic of Cuba upon terms of settlement and with 
political conditions of vital importance, which v/ere signed and 
duly celebrated by the warring powers in the treaty of Zanjon. 
Those conditions were afterwards broken by Spain, and the par- 
ties, for that cause, resumed the war that had already cost the 
lives of 100,000 men and the espenditure of §100,000,000 by Spain, 
and the destruction of property to a vast amount. The present 
war is only a second campaign of that first v/ar of ten years. 

In order to secure what General Grant considered the more 
important result of the abolition of slavery in Cuba, he declined 
to recognize the belligerency of the contending parties in that 
war on the ground that only a portion of the island was included 
in the field of actual hostilities, while the rest of the island— more 
than tv/o-thirds of its area — was free from all v/ariike disturbance. 

Even under the pressure of this great policy, to which was linked 
the hoije of Cuba's future independence, that was dear to his gen- 
erous heart, General Grant did not v/lthhold his indignant denun- 
ciation of the crimes against the laws of nations and of humanity 
that Balmaceda and Weyler had perpetrated upon the Cubans in 
the name of honorable warfare. 

Hear what Martinez Campos, the general of the Spanish army 
and the author of the treaty of Zanjon, had to say about the 
reasons for its stipulations, which were admitted by the Spanish 
Crown, 

An importai:it document v/as addressed on May 19, 1878, by 
Gen. Martinez Campos to Mr. Canovas del Castillo, in which he 
says: 

Tho promises never fulfilled, tlie abuses of all sorts, the neglect of public 
improvements, tlie esclusion of the natives from all br?.nches of the adminis- 
tration, and many other faults were the causes of the insurrection. The 
belief, shra-ed in by all our governments, that the people should be terrorized 
into subjection, and that it was a point of dignity not to make concessions 
until the last shot had been fired— these factors, I believe, have kept up the 
insurrection. By the continuation of such a system we never would have 
come to an end, even though we had packed the island with soldiers. It is 
necessary, if we wish to avoid otir ruin, to adopt frankly liberal measures. I 
believe that if Cuba can not constitute an independent state, she is more than 
2777 



24:7 

prepared to constitute a Spiinish province. And let there be a stop to tlie 
coming of officeholders— all Spaniards. Let the natives have their share, and 
give some stability to the tenure of office. 

That statement summarizes the grounds upon which the pres- 
ent rebellion exists in Cuba. After making this treaty, Spain re- 
newed with increased severity the same wrongs that caused Campos 
to inveigh so forcibly and so eloquentlj^ against her traditional 
policy of oppression toward the Cubans. 

Her broken faith severed the last tie that bound the "faithful 
island " to Spain. 

When this second campa,ign was opened to enforce the treaty 
that ended the first campaign, the negroes had been emancipated 
in law, only to be placed under a worse servitude in fact, and they 
united with the republic in arms as the only hope of the assertion 
of their liberties. This combination greatly increased the pov/er 
of the republic, v/iiicli has effectually driven the royal pov/er 
within the towns and cities that are fortified, and has forced it 
to take shelter under the guns of the army and navy. 

The country is open and free from enemies of the republic 
throughout the entire island, escept in the parts through which 
marching columns of soldiery or ships of war command it for 
short periods. Farming, stock raising, factories, and all other 
industries of the people are in successful operation and without 
interruption, except from occasional irruptions or invasions of 
Spanish soldiery. In truth, the Spanish forces in Cuba are in a 
state of siege in an enemy's country in every place where they aro 
found in important numbers. 

In com]parison with the first campaign, from 1868 to 1878, this 
second campaign is more than five times as strong and more suc- 
cessful than that was. Again, it is urged that the republic is not 
in possession of any seai^ort and has no ships of war. 

Switzerla,nd and Poland have often engaged in public wars, and 
neither State has ever had a port or a ship of war, and tiie whole 
of Spanish America conciuered their independence without a fleet 
on the oceans. 

In the second campaign of this war, as in the first, Cisneros is 
president of the republic, duly elected by delegates from the army 
of the republic, who were appointed by the people that comprised 
the army. 

In the second election of Mr. Lincoln the armies in the field 
voted for and elected the electors of the States in which they were 
resident at the time of enlistment. Shall we be heard to assert 
that civil authority can not emanate from armies in the field? 

in the outset of this campaign the Republic of Cuba was reor- _ 
ganized under a written provisional constitution, suited to the 
condition of the people and made obligatory by oaths of allegiance. 
All the proceedings of the convention that ordained that govern- 
ment and its general acts of legislation have been ["presented by 
Estrada Palma, the authorized commissioner of the republic to 
the Government of the United States, and they have been sent to 
the Senate and p^-inted by its order. They have been examined 
and reported upon by the Committee on Foreign Relations as the 
constitutional basis of the republic. 

As to all these formalities our Government has been duly in- 
formed. They are exact, complete, and wise declarations of con- 
stitutional laws, and are entitled to full faith and credit as such. 

This organic law, and the statutes enacted in pursuance of its 
provisions, creates revenues by taxation and collects them, pro- 
3777 



248 

Tides for the organization of jiref ectures and prescrilDes tlie duties 
of prefects, provides for postal facilities, creates a judiciary, and 
issues commissions to all officers, civil and military, in the re- 
piiblic. 

I will not again repeat these lav\^s and ordinances that have 
already been printed in the Congressional Eecoed and in esec- 
ntive documents, but will content myself with a mere reference to 
them. 

It is indeed strange, in view of these facts, that the President 
should have ignored their existence when he assumed in his mes- 
sage to Congress that there v/as no sufficient proof that an organ- 
ized civil government had been established by the revolrLtionists 
in Cuba. 

But the greatest stress seems to be laid upon the assertion made 
by him that no actual civil government is maintained in Cuba by 
the revolutionary party. In the meager information that has 
been obtainable ioj private persons, and in the almost studied 
silence of our consular reports on this subject, we have been de- 
prived of the authentic facts that have been easily in reach of our 
Government. Yet there is abundance of proof to shov/ that a 
well-organized, efficient, and vigorous republic exists in Cuba, 
and that its official entourage is as capable of conducting a state 
to a high and noble destiny and its people to the enjoyment of 
peace and prosperity as is fotmd among the average governments 
of the American Republics. 

The debates published in the Congkessional Eecosd abound 
in these clear and unimpeachable proofs, none of which have been 
contradicted. 

But there are other proofs at hand, some of vv-'Mch I v/ill now 
present. I will ask the Secretary to read a copy of the last annual 
report made by the governor of Oriente to the government of 
the Republic of Cuba for the year 1896. 

The Secretary read as follows: 

[Seal (whicli says, "Eepiiolic of Culja, state of Orients, oS.ce of tlie 

governor").] 

General report for the year 1896. 

To the government council of the Republic of Cuba, the civil governor of 

Oriente; 

In a session held on the l,3tli of January, 1896, and on motion of the vice- 
president, Maj. G-en. Bartolome Masso, who at that time was occupying pro 
tempore the secretaryship of the interior in the government council of the 
republic, I was aispointed civil governor of the state of Oriente. 

It is a year since you confided to my patriotism the labor of organization 
and the civil government of a territory which, on account of its history and 
size, is the most conspicuous of the island. 

It seems to me proper, therefore, that I should report the result of my 
work to the supreme powers of the rcDublic and submit to its judgment the 
appreciation of the difficult tasli of so many faithful citizens who have 
cooperated fervently to the cause of independence. 

I. 

Before entering fully into this report, I may be pardoned if I submit cer- 
tain considerations as to the condition of affairs in Oriente at the beginning 
01 the year 1896. „_, ,„„^ 

It is a curious fact for our history that on the very 2ith of February, 1895, 
Gen. Bartolome Masso appointed in Gua Citizen Francisco Jilartmez as pre- 
fect of La Gloria. 

He thus gave proof, from the very inception of the revolution, of its demo- 
cratic tendencies. The civil authorities, OTV-ing to the natural weakness of 
the war at that time, could not discharge their duties free f rom_ the direct 
action of the military chiefs, until the government, constituted in Septem- 
ber, 1895, returned from Las Villas and entered this territory. . 

Nevertheless, the original organization, so quickly established in each dis- 
trict by the first leaders of the movement, continued to grow, and indeed it 

2m 



249 

can bo said that the primitive structure has been the basis of the future or- 
ganizations, although it has been corrected and adapted to conform to tlia 
favorable conditions which have followed. The importance of this organ- 
ization can not be underestimated when we consider that the civil govern- 
ment is the immediate representative of a sovereign people. 

The territorial division was very deficient; this was due perhaps to the 
want of stability of oiir frontiers, which were continually invaded by col- 
umns operating at will without finding a.ny resistance worth mentioning, for 
the contingent of the invading army took the best arms and ammunition of 
the troops of this territory, where, until then, only small expeditions had 
landed. The first of importance arrived on our shores on the 24th of March, 
1S96, under the command of G-en. Calisto Garcia. It can be seen, therefore, 
that this first problem was an arduous one. 

The personnel was not up to the requirements. Some of the offices wera 
held by country people of little instruction, and the subordinates in the pre- 
fectures and their clerks were not capable of fulfilling their responsible 
duties, which included judicial functions, notary business, administration, 
and police. 

The interior roads for communication were not subject to system, nor to 
a perfect plan, the resiilt of a thorough study of the different lines and their 
several branches, but they were dra,wn at random, an.d were far from satisfy- 
ing the exigencies of rapidity and precision, so indispensable to military opera- 
tions. The original personnel was still more deficient in this branch. The 
workshops, except in Tunas (and this due to the activity of Luis Marti, then 
lieutenant-governor of that district), failed to yield any positive results to 
the army. The scarcity of salt, with the exception of the foregoing district, 
could only be lessened with the small quantities of that article which through 
private sources were obtained from the towns occupied by the enemy. 

Public education did not exist, nor was the provisioning of the army prop- 
erly attended to. 

A period of general expectancy followed after the v/ithdi-awal of the con- 
tingent. On its success it was thought that the success of the war depended. 

The so-called policy of moderation of Captain-Q-eneral Arsenio Martinez 
Campos still kept in the towns many men and families who, sympathizing 
with" the revolution, were not decided to come to it, not for fear of the enemy, 
but thinking that they would have to pass through the same hardships as in 
the last war. 

The archives and the public offices, without order or system, were useful 
only to provide information to the headquarters. Our legislation then com- 
mencing, and very limited at that, hardly responded to actual necessities. 

Finally, and as a culmination of such disequilibrium, the defenseless zones, 
without gaiards or police, were constantly exposed to abuses and disorders, 
to invasion or surprise. 

Such was the condition of things in Oriente, and therefore the future oj. 
its government did not appear to be very bright. 

n. 

After the defeat of the Spaniards at Canto, in the engagement of Maibio, oa 
the 2d of February, 1896, 1 asked permission of the government council to 
make my first inspection trip to Cape Cruz, near Manzanillo. 

I had ma,tured a plan of organization inspired by the purest patriotism, 
based on the famous motto of the French republicans: "Liberty, equality, 
and fraternity." 

Since then i have constantly inspected tliis vast territory without being 
deterred by any difficulties whatever. I have found everywhere support and 
aid from the military authorities, who vied with each other in their desire to 
give strength a.nd prestige to the civil government, and the relations of the 
civil with the military authorities have been most cordial. In view of these 
facts, and in what refers to this Government, the assertions made by certain 
foreign authorities are of no value. These assertions are due to the calum- 
nies of our enemies, or perhaps to the superficial information of their own 
officials. . . , , T, 

In compliance with the laws, this Government nas issued a series oj. Reg- 
ulations for the interior organizations of the prefectures;" also, "Regulat- 
ing the relations of the prefectures and districts among themselves," 
" Eules for workshons," " Post-offices and cattle." Sanitary measures haye 
been decreed, as well as those referring to commerce and on other points, m 
order to better carry out the general laws of the republic. Public instruc- 
tion has been temporarily provided for; numerous families of Cuban patriots 
are already reaping benefit from it. i,,. ■, , 

The government of the east has seen order and uniformity established 
throughout its jurisdiction, and by duit of perseverance and patriotism has 
attained a degi-ee of perfection which can be judged from the positive facta 
hereinafter stated. ^ ,. , j_ ■, ^ 

The territorial division is the result of a detailed study, enhghtened by 

S777 



250 

observation, on the very gToiincl of the necessity, and by the opinion of those 
interested, and of impartial experts. 

As much can be said of the postal organization. The route consists of 
three mail lines, with branches radiating in all directions. A selected per- 
sonnel, with commendable activity and zeal, has assured a considerable regu- 
larity and rai)idity. As to the workshops and salt works, the details that ■ 
you will find in this rejsort are eloquent enough. I will say nothing of the 
territorial guards, a strictly civil institution, which protects the roads and 
prefectures; but I must mention as a model of valor and discipline the one 
operating in the district of Tunas, actually besieging the town, which it fre- 
quently fires upon. 

I will hero state that the situation of the enemy here is most precarious. 
He is confined to the towns, and exercises no control but over the limited 
siirroundings of its fortresses. Conseqiiently there is great misery and star- 
vation, crime and immorality, in the enemy's territory. On the other hand, 
if we were to count only with the district of Manzanil'lo, to which I refer be- 
cause in times of peace it was a cattle-raising country, we would have pro- 
visions in abundance for all the revolution. 

Still more, this government has not had to deal with a single case of crim- 
inal homicide, nor a single theft of importance, nor a single case of bandit- 
ism, the curse and terror of colonial days. 

III. 

From the River Jobabo to the point brightened by the rays of the light- 
liouse of Maise, about 300,000 soiils live under the Cuban flag. 

From this there should be excluded the five divisions of the first and sec- 
ond army corps, which fight bravely for the independence of Cuba; 4,000 
civil employees, the members of the territorial guards, and the new immi- 
gration of the last months. 

Holguin alone has more than 40,000 inhabitants, of which 9,200 are in one 
of its prefectures. Of this population the males work on the lands of the 
state fifteen days out of every month. Their labor is exclusively devoted to 
provide the army and certain public charges. The rest of their time is da- 
voted to their affairs, such as the maintenance of their families, commerce in 
small scale of products and manufactures, on Vi^hich the ofiicers of the treas- 
ury collect a moderate duty. 

The workshops throughout the districts have rendered excellent service 
in the matter of arms, carpenter work, saddlerj^, foundry, ropes, and shoes. 
Ov/-ing to the system in vogue until a short time ago, the labor of the artisans 
could not be fiilly estimated. The demand having increased, the production 
has been considerably augmented. 

In the last months about 1,000 saddles have been manufactured, 20,000 
pairs of shoes, and a great quantity of ammu'oition belts and straps, as can be 
seen by the last statements'" and recei]3ts of the army. 

The workshops of Mayari, Tunas, Holguin, and Mansaniilo have specially 
distinguished themselves. The last-named district has contributed 2,325 pairs 
of shoes and other articles of prime necessity, produced by a relatively small 
number of workmen. 

With the recent regulations, a minimum production of 8,000 pairs of shoes 
per month is assured. This does not include other articles manufactured in 
the workshops. 

The salt produced in all the territory during the year that has just expired 
may be calculated at 30,000 quintals, of which 12,000 are due to the extraordi- 
nary activity of Luis Marti, lieutenant-governor of Holguin. In this amount 
are not included the several quantities that he has given to his neighbors. 

The salt works have been definitely organized by this government, and it 
is calculated by experts that they will yield 500 quintals per month, those of 
Bayamo 700, and those of Manzanillo 25 to 30 quintals a day. 

Similar results I purpose to obtain with the elements which exist in each 
of the remaining districts, in the general list of civil employees and in the 
detailed reports, which at present are being prepared for the department of 
the interior, the government council may inform itself with greater accuracy 
of our work. 

Finally, it can be guaranteed that the invincible fraction of the army of 
liberty, which, thoroughly equipped and commanded by illustrious veterans, 
gives battle and triumphs daily— it can be guaranteed that, aided by the solid 
governmental and administrative mechanism, this extreme end of the island 
can never see its power diminished, even if all the troops of Spain in Cuba 
would attempt to conquer the aspirations of the people. 

IV. 

In the labor of organization and government the name of Luis Marti 
shines with commendable perseverance. As a reward to his extraordinary 
services to the army, the general in chief conferred on him the rank of lieu- 
tenant-colonel. I can only ask you to give a vote of thanks to this model 
officer. 



251 

Tlia otliers lia^e laljored faithfiiily with, increasing f ei'Tor and. persever- 
ance. To mention one wonld necessitate to mention all. Tlie general state- 
ments speak of each one. Yet tliey do not say anything of those who accom- 
pany me day and night, who share with me the fatignes of eternal march.; of 
those who, from the rising of the sun to the advanced hours of night, bend 
over the table of work, never rest, preaching the doctrine of love a,nd per- 
severance—they have come to know by niemory tlie creed of independence. 
For them there are no disconragemenLs, no snffer.rngs_, no fear, no ambitions. 
They reflect an immaculate patriotism, always rebelHoiis to the domination 
of Spain. 

Contemplate, then, government coancilors, the favorable condition of 
affairs in Oriente, wliich for many years was one of gold and. blood, to-day tlie 
guarantor of the Cuban revolution. 

Country and liberty. 

Eesidonce of the governor, 2i3d of .Jsnu-aTy, 18S7. 

•CASLOS MAjSTUEL DB CSSPBDES. 

Mr. MORGAN . That is an interesting paper to incitiirerG after 
the trath, and it has been easily within the power of onr Govern- 
ment to get others from three or four of the departments of the 
repnblic eqnally as explicit and important. 

I now read a letter from a gentleman who has been in the field 
vfitli President Cisneros for nearly two years: 

Nett Yosk, April P, 1S97. 
Di3AE Sie: It lias been my privilege and pleasm-e to spend the gT«ater part 
of the past two years with the " provisional government " in the capacity of 
a war correspondent, botb for th-e Vv^orld ana the Ivl ew York Herald. I am of 
course personally acquainted with President Salvador Cisneros and witli 
the members of his cabinet, and am thoroughly familiar with, the eiScient 
work done by that most potent, although unrecognized, insurgent govern- 
ment. I can testify not only to its existence, but to th.e support given it by 
the people of Cuba libra. I am not a Cuban, but an American, born of Amer- 
ican parents in tie State of Louisiana. The foreign editor of the Herald, ilr, 
Jackson, the managing editor of the ITew York World, Mr. Bradford Merrili, 
and Col. Eobert Gr. IngersoU will, I am sure, vouch for my integrity. 151 ow, 
if my testimony before the Committee on Foreign Relations, or anyone else, 
will be of service in aiding a just cause, I will gladly come to ''vYashington.ai 
any time and place myself at j^our disposal. 

I will now read the part of it which relates to Cisneros's opera- 
tions: 

Inclosed you -will find the proof sheets of an article descriptive of Presi- 
dent Cisneros and his cabinet, together witli some details wliich may ijrove 
of interest. In my estimation the collection of taxes and the estabh.chment 
01 public sclioois by the insurgent government of the Cuban Eepublic are 
very sigTiilicant facts. In the capacity of a correspondent I accompanied the 
tax collectors throughout most of the province of Puerto Principe and wit- 
nessed the orders cheerfully given by the pla.nters and cattle raisers of that 
province. These orders were converted into drafts and liave been honored 
by the banks of New York City: 

I have myself seen thousands of dollars thus paid into the treasury of the 
Eepulilic of Cuba. To my certain knowledge ovex §400,000 of money thus col- 
lected has been forwa,rded to this city. The civil governor of the depart- 
ment of Camaguey or Puerto Principe is young Eernabe fianchez, son of the 
English consul at Nuevitas, and himself worth over a million dollars. I have 
ridden with, him over hundreds of miles of territory and noted the excellent 
work done under his direction. 

I have seen the establishment of public schools for tlie first time in Cuba, 
and have watched the distribution of pamphlets and proclamations issued 
by the civil government for the purpose of encoui-aging and enlightening 
tlie poor people of Cuba libre. It would take a volume to tell of all the 
excellent work done by the civil government of the Cuban Eepublic. 

I Yfill read a portion of his article, the proof sheets of which he 
sent to me, which v/ill appear to-morrow, if it lias not done so to- . 
day, in the IsTew York Herald: 

It is a favorite assertion of the enemies of Cuban independenc-e that there 
exists among the insurgents in Spain's Avar-ridden colony no practical sys- 
tem of government. Such a view of the present state of the Cuban Republic 
is, as e-an be shown from personal observation by the vva-iter, wholly unten^ 
able. 

2777 



252 

Salvador Cisneros is the president and chief executive of the Cuban Re- 
public, rightly so called. It has fallen to the writer's lot to dwell in the tents 
of President Cisneros and to study attentively the admirable system of rule 
by him established throiighout his native island. 

PRESIDENT IN PACT. 

Although known as the Marquis of Santa Lucia, Salvador Cisneros is, by 
temperament and tuition, a democrat, in spite of his being descended from 
a long line of Spanish nobility, he was born a democrat. In 1846 he first came 
to this country to study the great principles v^hich underlie the foundation 
of this Republic. To give Cuba a government like it is the ambition of his life. 
He is far from being, as some people in this country are inclined to believe, a 
president in name only— a mere figurehead. He is a president in fact, the 
executive head of the million and a qura'ter of people on the island who are 
either farming or fighting for the success of the "army of liberation." 

As in the United States, the president is the commander-in-chief of the 
forces on land and sea, and on his shoulders rests the actual responsibility for 
the conduct of the war and the establishment of a permanent and enduring 
republic. Although Cisneros is a man of pronounced character and marked 
independence, he is far from being a dictator. Between him and Generals 
Gomez and Garcia there is a degree of mutual dependence and cooperation 
which has made the revolution almost free from the hitches a^nd blunders 
which have occurred in similar uprisings in many of the South and Central 
American countries. Of jealousies among the leaders there have been none. 
The cause of liberty is too sacred to permit it. Occasional differences of 
opinion and friendly clashes are unavoidable, but the one great end in view 
enforces harmony in all branches, civil and military. 

The constitution of the Republic of Cuba is constructed along the same 
lines as our ov/n. Tho broad principles of democracy which inspired Thomas 
Jefferson are to be found all through its text. Salvador Cisneros saw that 
they were incorporated in it, and has placed copies of the document in the 
hanids of every "prefecto" and "subpi'efecto," with instructions to read 
them to the free people of " Cuba Libre." 

No sooner did tho first notes of battle come down from the hills of 
Oriente than this old veteran made preparations to go to the front. He had 
sacrificed everything — lands, wealth, position, and title— on tho altar of lib- 
erty, and when General Gomez crossed the frontier into Camaguey, Salvador 
Cisiaeros was there to welcome him. This patriotic old man of 70 years had 
mounted his horse and ridden out of the city of Puerto Principe, with fifteen 
companions, eager to devote the remainder of his life to the freedom of his 
country. 

HOW INSURGENT CUBA IS ADMINISTEEED. 

The people, through the assembly convened in the following September, 
elected him president of the provisional government, and in that capacity he 
has v/orkod quietly and faithfully for nearly/ two j'ears. The result of this 
labor may not be apparen u to the outside world, but its benefits are most ob- 
vious to a traveler through the interior of Cuba. 

The entire island has been divided, first, into what are knov/n as civil dis- 
tricts, with a civil governor over each. These civil districts are divided into 
" pref ectos " and " subprefectos," the latter usually about 3 miles square, and 
officers known as "prefectos" and "subprefectos," appointed by the govern- 
ment, are in charge of their respective territories. 

Each has his official seal and functions carefully prescribed by the consti- 
tution. It is his duty to instantly notify the nearest body of insurgent troops 
of the approach and strength of any Spanish column and to furnish "practi- 
ces," or guides, whenever called upon. If an insurgent force camps in his 
district, it is his duty to furnish, so far as possible, any food they may need. 

To all complaints or requests for food, clothes, or medicines, coming from 
families whose fathers or sons maybe fighting for "Cuba libre," he must 
lend an ever-willing ear, and if it is impossible to satisfy the requirements 
of the case, it is his duty to inform his*" pref ectura," and he in turn relies 
upon the support of the civil governor. 

The PRESIDING OFFICER (Mr. Pasco in the chair). The 
hour of 3 o'clock ha,ving arrived, it is the duty of the Chair to lay 
before the Senate the unfinished business, which will he stated. 

The Secretary. A bill (S. 1035) to establish uniform laws on 
the subject of bankruptcies throughout the United States, 

Mr. MORGAN. Unless there is objection, I will proceed to 
the close of my remarks, which will not take me long. I wish to 
say now that at the close of my remarks to-day I will have noth- 
ing further to urge in favor "of this resolution. The parts of 
four days I have occupied this floor have been purposely occupied 



253 

in a presentation of the facts and the law as I have gathered them 
and as I understand them as a necessary f oimdation for this very 
importa,nt movement. 

The Senate of the United States can not afford to pass a resolu- 
tion of this gravity without having a proper, firm foundation to 
support its action. The people of the United States require it, 
and it is due from the Senate that they should receive that kind 
of investigation of tliis great issue. I have been compelled, con- 
trary to my personal comfort and my wishes, to devote a great 
deal of time in putting upon the records of the country those facts 
which have not hitherto fully and authentically appeared. Some 
of the facts that I am now stating to the Senate are "new to us, and 
have been sought for by this body on former occasions when this 
matter has been up for consideration. 

The PEESIDIlsrG OFFICER. The request is that the pending 
order be informally laid aside, in order that the Senator from Ala- 
bama may conclude his remarks. The Chair hears no objection, 
and the Senator from Alabama \n\l proceed, 

Mr. MORGAN. The article of Mr. Reno proceeds as follows: 

If this official is unable to cope with the difficulty, he must appeal to the 
•secretary of the interior, and lastly to the president of the republic. The 
latter is easily approached at all times by the poorest peasant in the land, aad 
is simply Tvorshiped by the people at large. 

The carrying and distribution of mail m.atter by m.eans of mounted mes- 
sengers, ■who traverse the interior, is both efficient' and rapid. President 
Cisneros told me that twenty-four hours after the passage of the concurrent 
resolution by our Congress last spring the news was received by him at his 
headquarters in ISTajassa, province of Camaguey. 

A MOVABLE SEAT OF GOVERNMENT. 

Strange as it m.<iy seem, the "Marques" (the name by which he is most 
frequently called) becomes most restless if long compelled to remain in camp 
at any one place. He loves to travel about; to visit the civil governors and 
prefectos of different districts; to talk with the iDeople, or, better still, to ac- 
company the forces of Gomes or Garcia, and watch the military movements 
from day to day. 

With an escort of only fifty men, he has many times made the trip from 
Santa Clara to Santiago de Cuba and back again. And it is this penchant for 
moving about and changing camp which has given rise to the absolutely 
groundless report that the provisional government was bemg driven by the 
Spanish forces from one part of the island to another, and was always in. 
danger of capture. 

During the month of July last there were laid before President CisneroS: 
the advantages which, it was thought, would accrue should ho see fit to es- 
tablish a permanent headquarters or seat of government at some given place — 
Najassa, Cubitas, or even in the mountains of the " Oriento." 

Generals Garcia and Rabi supported these suggestions most heartily, but 
the Marques, while he admitted that such a permanent location of the gov- 
ernment could be easily defended, and that a certain increase of dignity 
might follow, still did not take kindly to the idea. The provisional govern- 
ment had traveled about and shared the dangers of battle during the " ten- 
years war," and he saw no sufficient reason to change his tactics. 

"We are doing good work,"lie said. " Youhave seen the evidences of our 
administration on every hand, and you found no difficulty in reaching us, 
nor will anyone else. If the United States or any country wUl send an agent, 
officially or socially, to visit and inspect the administration and execution of 
our laws in 'Cuba libre,' ws will not only conduct him here, but we will en- 
tertain him so long as he cares to stop, and lorovide for his return in safety 
whenever he may wish to depart." 

There is aquiet and iiiaconscious dignity about Salvador Cisneros's life in the 
woods which seems almost pathetic. Seated on a leather camp stool, or more 
frequently standing, he receives the constant stream of officers and messen- 
gers who come to bring reports from civil governors and commanders in dif- 
ferent parts of the island. These are duly hied and copied by his two secre- 
taries, Manolo and Diego Betancourt. Long after dark these industrious 
brothers may be seen recording in huge government ledgers the events of 
the day. Yellow home-made wax candles, with the lower half coiled into a 
base, furnish a weird light by which the straggles of patriotic and desperate 
people are transiaitted to the pages of Cuba's history. 
S777 



mi 

•ji//'t(tj)7|f (>(!/'« y/liU,iy iih/im i'tinti, Mc: niiii nuf) i^,i'fi'i(iti irt M/n 'I'l'ifijii''^, li'i'mii,, i,iv;U, 

min >i]f\t:n of hilh iMld M'CIlM UUI-.U (,'< U((_', 'tl''./(|/,((l,«, \liii III) '/tll',hVI'l' ili:tl,ffi u, 

WWi!H')''« Ucv *;i-t/)(,w *//' (/1():! V/I()(,»s <('Ai(«<i //)• Ui(v r/^(/l«, (',i:-,yf,ni,l /'ic.wl.K, in 
(J(,'(llf''-''l, 'I'*//'/ ))/»/>// '^(//Ui hiiiiiiii'i"i:»tiY/}iii4 liiiiiii i'U.lii:r f'.i''!"-. '.f U.'. f.M,l„ 

<*/(>( ^(C U)(iM( iti OI',i',ltlrl'-.fi Ift/ U«. "■ f4n,l'IIUHfi^;" U/M oUk-,;- l-y ■/!■ ■ I-i' rti/tMlf/ 

mUt''"U.'/,, r/(/'l«'s K».lf tilll',l)l)l'M lUI'i '1',y'/(-)'i7) l,0 U)/> ''/KIHM //f < !(ll-/Ul III.' I I y l(M/V<', 
M"'/'» ''"»' l')"i l/ii'v '-tUA(A)() (Ui/I (//'(iJJI/ICl'. ',/• Ml'-. V/il'ili; )n\li.llfi, \'i/i.li I,),'. i-liMit}/ 

i'Miii' ' l--i M.iii'l (//)((()('«< Muiifiii. I'ifi' l/<.|'om ittfcjiiK Ui'i lU-.l'i <i,(/(i,)(m(- liju.u/ (ci ifc 
tiM,"\ ■.,, |...,/l/,£/ (,/r (i,(-|(i(,f, /,('!*<(;/)()// (,y/('/l l,',i(J,)i,(()ii,»Y|«, T(i<> yl"/-, .,/■«, »iC(<-,»/),, 
((/lill '. ' I .,. M,;;/|//i(« »l'/l, «((/j(i,& iOd/'D^ll,, W,IU/'((II'(l (I'l mil1l:l't.iMI(\fi ) 1/ ) f K | /ol; ".) I 
W<'//l / .Mri 'li-',l,i)H';(/l?/, ':11m (illl^/ liQii:il'UI',IUllili,lii,i,r (,»()?( l(Ml(.l/l'»«l(".ll,C,t' is 1)1,- 

mUiu'i/ii] ho, Um MiiritUffi mmA We? /.tfewlawjl/,, ((.//(I Wkj ycii/fif'ffit «'^i(l)«t^<' li» 

ViiHl^lii/,m fiiilililliiH <W '(<M« (tUhAM Aimv, 
pVMdmih'ti iifs/(,'l'|/(»v('l/'-v''« !*/ /(tt-J/wi/v K'i )(((/! I«ri/ j(l« f/'/ff'w Ml iM (ii^ytjf 

J*((f.('('/ ('7')»/'!)|/l( /(,(/(■( liiflllillh i,llhUltJ,UI'lil',llli I'MlIp, 

i« I/O «</«'. *'!' fff, livfl, I.I/I, //.« 1,(1 /)(il/(, I'oc <,'()|,t(„ )}((!, )/' i ((OMlCl )/»i,vft n aWh VA 
lJj«'i^.l.w,l'.,/,(y /•/(,M.'i("H),lK<!<i,'' 

/. Ii'l Im. (-..I, Ml., ;//!(,,, l,o(;f.M|..)' y/iU, Ml". l/fV't (U/fl ]/(''/l,'"!l,lo// (;(' ('/»(,( V/l'I'rt' 
(j]«(i' (■,;; A i,i|i, ',r (!)M'/li<.« 'lii,t(/-v 1, ;(,!((. Ill l,o (;(' tjTOW f4(|,r|('||c,)(/i,(iM; «,/(«V/<t('hfl 
«*(((, |,i,i| r.,1 Iji).: ]nC.,.,l, I-., I'll. )' .,r Mi'v )■' 1,(11,11" (l)iMl H l''-,t/)/ (ti(i/lUr«ttk((, V/J)W/( 
i(»1|,('c,Rl<liW(l, ".I,. Im.(. .1 I, ,,■<,,, 'I I, iw, I,., ■;..,, V<,.l- M, I,.-, .•/l(((;,i,|,<',C|, 

'I'llM ((l/(,l'|lll:: I ■ )..ll I rlnl. I / In I. if. !,■ ,. i ],,(, |,nl, in'i«l, «l<i/(i')«'mUf! ill 'J()« 

fIJ't'fiM, A ill-;!, I, (, nil, ..I \, '.<,,■ ,,,..,, ui,.. UiM .1 ll(,rji 'J'.Mlnf! Iii« l,l(,ll,H|/M,('« fOCO), 

■Wlilcli )« v()/'y lllic, .,in , - . ■,li' , 1 1.,,, ,,!■ A iK-K-loiKi l,)»i(',(, !(('«, A )i((/'0 V/)()j/fi 

''^*rt,(l(Kl(rt'' |i('(,U<rlfj !.)■ (U-, 1,1,,,.,, 1, . l/WfJ.'/il tiir.i; ivnm M('5 flll/l, A (H'-dUy 
fe;)(,()MMJ Mllv.'.i' y/l/)M, |,,,,,,i ,| Ml,. I i,,ll,4l,i'y,)(.^»wlY( M, «(;l'l,i:i/()ll« dlfer,!/ lyO h)« ml/)iW 

«(,/:■.((., /.mJI,. , I, I. ,,,'/,... I |V,„ I,, ,,'.■.?(, 

. '"!■ • '" I,,. .,i„i,,i,,ii(ii(u; iii./(ii'u ./!' i,im:»(iH/(v)iiiM,fi,('ool/f«'(/»)'l(Wf«1««/k,«feeias 

to ell n;/ Mi., fi!.y/,hl,,y l,Wo ;/' /hk y/lil< Ii I/m.V'i |//i,Wiiin oyw ill«}i8((,a< 
:»j^«,(»^l1((' Aim, i-i.r/A'i r'.;/t; «,l; 'iHlij CIMWI (MiiW'ft 
(4H;iVftflwrjj«(lff/'(/«)«tt,f.i(.Ml.,/\ ../. I y I.,. Ii ..r M/.i, Al, M/(1 M)f-,g« of '/tM)mt 
«ttW lii/»M«/n(M (.111, ',iiI,/,Mm, /i-.M, i.,ih i(|. 1,1.', I.., rw. (i,|.,)i(/wjf|<t Mm I'/ioid (Irii 
Jlol.cldilfW, (Mill 'iilidly y/fi,l,.'!i M,., . 11- . I, .,l' Mf- Ih",,, v/IiIIk (VIiki;-)',!' l/(i,l1r:., w'"''t 
*ml,M(i|i (l/,.//ii iiM',fi 1,1, ill! r,i.|.,t! ../• 111,., r...,i < ».:(/..., el, Mi-, A»(/M'1'',/ui wIi" "icl, 
l|)f( C|('./r,M/ ^vlilli^ w.rvlH), 1,1..', . Ml, I,., I, ),, .,!• ,,l,.„| (i,</(i,)n«l. Miln i|iin',/'i-,;)!!i<,cy >,(: |i'i 
Win'j MM I. M/c. l/)')(.yi'. ..I.l r,M,,, !■ |,li. .1 ■;!■■ liM,yii /,i/,,ny iu'Wi v/)Mi n;! y/li'. (i»»,V'-. 
•)(«Vitl' IxJ'i.Cti 1(1.1,11 Mii.|. I III. , II,. / i,,ii:,l, I,.. I.iuiiilil, l/y •■.ciuriMl'. Mini. lUV lid )'•.»' 
ttllOHl'l l(!ii..i.- M,., . I.M,,. ., .,) .|. ,.l|, '• 

<A/i'l ,y' 1, 11,1 v.i.i ,/..iii.,i iMif mIi i,ii., l,(t(((l(:.,).)(««f)(,|'/(,wo/(i;i.ii, h\'Uv\\p.U^uU\ii 
(rtlMiliiy Ir. 1.,/ .|. ,. , ii.ii I- 1,1,.,. I, i,('(i,iiH/li(,(.l,'i IlitiiUoiiu/f, wIi'/I/ilcI Iwrl n 

»()l(U(.. , . .,1, ../ In III.. ' < II i. 1,1., • II,., I,. (Uli (!l.|...| III l,l|.,||||l,l'l|MJf*'Bll,VllH/W 

llh (iini I I, 'I'.,., |„n| |.„, I,,,, II VV I', n.,1. 111,. I l.y i;., | ,| ..■).. MM (i, Mljllff II, 

Willi. I I..,.|.(.il7 l,.,ii|/|,l,, . V. II M,l, 1,1,., . .,,.,1, .,1' l,l,nl, I r I. l|.,w'H lU'o, lOycry 

a/'iiii III' li|.,i,.| ri|.llli,i| f;i-..:,iiif4 wiiinu '.III, i.r my inyn Ir ml, ' 

iHiV'.ry liiM'i|«lil|i, (ii'Ivii.l,li.ii,(iiiil ilii,ii(/f.i'i,r Ml., wm Im-i 1.' • n filiM.I'*<rl by l'l'o«1» 

nUK I, (llMiini I III I'l'i II, I Mil., lii',(/||||illiK I'M' Ii III .' II I'li ,|!ii,' 1 .1 . m'I iumI l)lll,|i1l'ltJ'<t/l)/«0" 
J|1I)M|,V llllldiiiy/li A II....I i:Hl,,illln|. I'., I 11, .,!'., in,. I . „,ll. ,.l ' . n,;;,,.l,. ,. " rli iri,(!llll,i. 

<m.:lM|M.I'i'(Mili|llli,lly, (ml c M..n, l,,,,:l|. i,..,|.. Ill Im / < :i,ir. . , L: ,-,.,1 1,1, iilniiiMl, 

j(ift W'lulll. Ill «)lyi.|', I'l"! I""'l I" I" I,mI, Mi.y |,i M • / .l,ml. .mILmI ' . i.,n.'li|i,n 
iihlMh." i.imln liy filliil.My f,"..!-. Iilli|; li.,i|.,y nym' |,Im, ■ ,in,|, (li ., milI ii,M,.,I'w/u'(|h 
(Milllni, I... Hill.. ,vii,|,.,r, IIMIKilly l.lijfi.fi II,M )illl,r<,, II' li.:ii. / . nn im.I, 1.', i,|il,/i,li|i-,ilj 
'Irt'm/.'ii im/Mii 111 riil.iiflii *ill',.| " liirl|i/i,illiri1i"/<i,li«W'ii: .. I ; :• H I' |. lill I/'^.I'iUhI 
y I'M' 1 1 |iiuiiMiri,ri I" |ilii,MiiiiW "/ /i,r>i (i,lmiilil, (i,l',y/i.yRiili liiui'l nu'lin |.|. iil,y, HW'-''"!' 
■ifoliiil'iK'K (" liniiiiiil.tm "; /ii'ii »i|iiinilii,(il. Ill fii/mri iuu'Im i,l' l,ii. i. ii.n.j 

I Cmil'llllim' l,|lli,l, III I lll,J(|,M|.j|l, l)(,«l, fllMII/llfl' V/'( IIvimI I'm d , ■ .III , i; "II 'llK«('H.llfl 
itl/l,ll|fiii.fl. Till |.ii I'l'l. Ill, I'l'iiilinliul iiiiMiiii", iiini'iilii)' Miiil, I ImmI n.,1, i iil,. ii (ill 
Jlitt llillln ('.,1 I. . ,,,! ,,M „lri, mill I w/i,Kii|ill(ii<i| 1,11 l,,<|l liliii M,„l, III. I,,. 1. 1., Ii(i,<'j 
Imoiiiiii. I. nil , I,... I, ml Tim,!, .ivmiliiu II, vv»i,fi my in i vH' !.;<■. Ii'. i,' ml 1 1.. iiifH' 
UIIHW';Hymiiiii miiirI, |il(j, IO|iiiiii((i«(/J' Ji(;iii3y,(Hillf.i(tjlttlV',Rli i-.«u«, I Im,'! Iii'f-'d 

'I'MW HHI'WIIIMN'Ii'fI «/AI1(MI1'<', 
Hlll'riilllirlllil/ Ml.. |,|. s.i.l. nl'n |. nl, 1,11, Mm.:.. hI' lilf, ■ iil.ini I, 'riii imi ill.iMrj f,ii 

fifty Mini, Mii.y nli. II. i l . nil m • i.n.l i . (in. m.nl 'I Im V 'V m Mm . Imji'n 

{llM.lm (MIMi'lliMy . I... I. .1 l.y III.. | ,i . ,| ,|. , . ,1' « In I „i,, ium I ii,i.,ii.ll .|..,vi,l,i'..| I,,. |,||ti 
(JOI/KiM'li r/Hlfli' 'il' ll|iMl,y 11,1, (Uiy \<\\\<M. 

(Iiilmii'l MiiiiiliiliiiV, iM'Miii! M''.mM.I,iu.y of wttivlli (ImiHi'W! lioloffl'M HliMHIicti, )S 
tt ui'ltjiil. (Mill iiiiii4l/ iiiiliiMl.iiniiMiirnimi'oi' t'liegovwi'iJ/iieiiri. (Joiu'IbJ's tw'e «oai« 

mi 



255 

fag and going from his hoaclcjifiartcrg at nil hour?! of tho clay, aiul afton tmtil 
far into the night. Tho Colonel hag some kno^yletlgo of English and is very 
proud of his accomplishmout, although his Rpoaking vocabnlai'y ig confmod 
to afow phraneg. The favorito of tho.go ig "Poor Cubal" and fchig is made to 
servo on all occapiong, BTiblimo or ridicnlons. I remember one morning, just 
provioug to a review of tho forcog by tho late Gon. Serefln Sanchez, Ooloncl 
Mandulay, y/ho ig tho personiflcation of military tidinesg, swung himself 
gracefully into tho saddle. Tho manner of the moun b would do credit to one 
of tho Queen's guards, but there came over his countenance a change, an 
anxioug, distressed look, v/h.ich portended trouble. There was. The bach 
scam of hig long-enduring trousers had split from ono end to the other. With 
rare forbearance ho indulged fdmply in a long-drawn sigh and his favorite 
exclamation "Poor Oxibal" and immediately sought tho tentmakor for a nee- 
dle and twine. 

Ono of the most important and imposing personages of the camp is Colonel 
Botancourt, govei'nor, c[uarterm.astor, sanitary inspector, and all round 
boss." He deals out the coffee (if there happens to be any), tho raspadura, 
and the manteca de vara (beef suet). He sees that the beeves driven into 
camp each day are killed and the meat fairly apportioned to each moss. 
Great bonfires are built over tho refuse the moment tho meat is taken from 
tho bones, so that there is no opportunity for disease germs to be engendered. 

The sanitary riiles of insui'gent camps are ri^dly enforced in all parts of 
the island, which accounts for the almost Itotal absence of disease. Camp, 
whenever possible, is made by some running stream, and guards are at once 
posted to see that no bathing or washing of horseo is indulged in above the 
spot where drinking water is obtained. 

• Colonel Betancotirt is a great gun in camp, but when stakes are pulled up 
and hammocks pulled down, you will observe a shade of ansiety spreading 
over his natxirally serene countenance. But a still deeper one conaes over the 
face of tho little mule which has to carry the colonel's 800 pounds of adipose 
tissue to tho nest stopping place. He at first appears inclined to rebel, but 
after reflection a change comes over the spirit of his di'eam. Hig ears resume 
an angle of resignation and in his eyes you easily read, "It is for Cuba, poor 
Cubal I will bear my burden vnth tho rest; but Colonel Beta,ncourt is pretty 
heavy." 

In going over tho road this patient little boast usually picks out a rut' In 
which to "vralk, so that often all six feet totich the gi'ound at once. 

There is. a peculiar miagling of tho pioburosniuo and the pathetic in the no- 
madic life of tho insurgent government. The cluster of white canopies 
reflecting back the soft, pure light of a tropical moon; tho long, graceful 
plumes of royal palms, gently fanning the tired patriots into slumber: the 
sweet little night song of tho mocking bird, all help to form a picture of joy 
and content, and were it not for the distant roar of musketry, which cornea 
from the lines of a harassed Spanish column on the other side of the Mils, 0110 
could easily imagine himself in a land of perpetual peace. 

GEORGE EENO. 

Now, in further support of ttiat statement, I will read again 
from tlie deposition of i)r. Diaz the follovi^ing brief extract: 
By Senator DAyie;: 

Q. Gomez is commander in chief over all? 

A. Yes, sir. 

By Senator Mokoak; 

Q. And that is the military organization? 

A. Yes, sir. 

Q. Let us kno-w something about tho civil orgaimzatioa. Did you meet suay 
civil officers? 

A. Yes, sir; Mr. Portuondo, 

Q. What is his offlco? 

A. He is secretary of the interior, 

Q. He belongs to the general govornment of the Cuban Republic? 

A. Yes, sir. 

Q. 1 want you to speak of tho local officsrs-— tho prefects and subprcfoots. 
Do yon know anything abotit them? 

A. Yes, sir. 

Q. What is a prefect? 

A. Ho is the man in charge to find supplies for the families erf insurgents ifl 
every place there. 

Q. Sort of a commissary? 

A. Yes, sir; if the families need something to eat, for instance, ho bnngg 
food, cattle, etc. 

2, Takes care of the families of tho men in the army? 
, Yes, sir; and if the men are sick or wounded th« prefeptg take care o^£ 
them. 

2777 



256 

Q. Tliey take caro of the sick anci wounded, and subprefects have smaller 
districts? 

A. They have smaller districts. 

Q. NoVxT, who are the tax collectors there? 

A. There are tas collectors, too; I know, personally, Mr. Menocal. 

Q. A cousin of our Menocal here? 

A. A brother, I think. 

Q. Is he a tax collector? 

A. Yes; they divide themselves into different places and collect all the 
revenue. 

Q. Do they collect revenue from the people? 

A. Oh, yes. Sometimes they have no place to put the money. Sometimes 
Gomez has mules loaded with money— going from one place to another with 
money. 

By Senator Davis: 
Q. Do they collect supplies in kind? 
A. The prefects do, but these are the tax collectors. 

By Senator Morgan: 

Q. Do the people of Cuba voluntarily and freely pay taxes to the Cuban 
Government, or are they forced to do it? 

A. No, sir; they freely do it. They pay taxes where the Cubans have no 
control over it. 

By Senator DAVIS : 
Q. Now, over this territory have the Spanish any tax collectors? 
A. Not one. 

By Senator Morgan: 
Q. Have they any judges? 
A. Not one. 

By Senator Davis: 
Q. Any civil officers at all? 

A. No. In the larger towns is the only place. In the smaller places they 
have nothing of the kind— no mayors, no aldei'men. 

On the 6tli of this month (April), Mr. Guerra, of 193 Water 
street, New York, sent me the following telegram: 

New York, A2:>ril c, 1S97. 
Senator Morgan: 

As treasurer for Republic of Cuba abroad and as agent for the secretary 
of the treasury, I have received in payment of taxes on rural property and 
products §141, 183, paid me by commercial houses in this country by agree- 
ment Avith the treasury officers in the Republic of Cuba. 

BENJ. J. GUESRA, 103 Water Street. 

The number of the factories in the republic and the variety of 
their productions gives the highest assurance of the thrift and 
industry of the native Cubans and of their ability in times of 
peace to gather from the resources of that wonderfully rich island 
great wealth in agricultural products, in mines and minerals, in 
valuable woods, and the finest fruits. 

Its v;aters abound in fish, and its plains and mountains furnish 
food in abundance for raising great numbers of domestic animals. 
These resources of a country in which famine has never appeared 
will furnish an abundant commissariat to supply the Cuban 
armies for many years. Living at home upon their own food 
supplies, which the soil provides almost without labor, the Cu- 
bans force Spain to import all the subsistence of their armies from 
abroad. They have never had rations for twenty days in their 
reserved stores and are exposed to the danger of light and swift 
cruisers Avhich would intercept their ships on the seas, with even 
greater success than they novv^ land cargoes of war supplies on a 
coast that it is impossible for Spain to protect. 

It is this feature of belligerent rights that causes Spain to dread 
that any nation should rise up and declare the truth, so shame- 
fully denied, that war exists in Cuba. Alarmed at the vote of the 
2777 



257 

Senate last week, Spain has granted belligerent rights to General 
Rivera, who was wonnded and captured recently in Pinar del 
Rio, and has concluded, at least, not to kill him at once. If the 
rights of war are granted to the distinguished leaders of insurrec- 
tion by the voluntary act of Spain, why are they not due to ever}' 
soldier in the Cuban army and to every citizen of the United 
States who is charged with the intention of aiding Cuba with arms, 
as these liigh officers have done? 

I am aware that Mr. De Lome is quoted by an interviewer a,s 
having stated that ' ' Rivera's piinisliment largely depends upon 
the conduct of Cuban sympathizers in the United States." If it 
has come to this, that the issue of life or death to a Spanish sub- 
ject found in arms and fighting for liberty is to depend upon 
the sympathies or the conduct of our people, and that Rivera is 
held as a hostage for our good conduct, it is time that we had i^ut 
an end to this badgering by stating our real attitude toward the 
Cuban people in a way to comport with our national rights and 
our integrity of character. 

This form of dealing with Rivera, by holding the sword sus- 
pended over him by a thread that we are challenged to break, is 
not misunderstood by our people. They know that Spain has at 
last discovered that it is her duty, and her only course of self- 
preservation— that she must confess that public v\^ar exists in Cuba, 
and that those who are engaged in it on either side are not out- 
lawed felons who are worthy of death or of any -Dunishment that 
is not sanctioned by the laws of nations as they properly apply to 
civilized warfare. Spain has evidently reached this conclusion, 
and has put it in practice in the case of General Rivera. 

This new departure happened on the heels of the unanimous 
vote of the Senate protesting against his execution, as Sanguily's 
release from prison, under an alleged parole, followed a vote of the 
Senate for the consideration of the causes of his long and horrible 
imprisonment, and his second sentence to imprisonment for life, 
in chains. 

These votes in the Senate only expressed our convictions, which, 
fortunately, became also the convictions of the Spanish Govern- 
ment, and while we were holding these matters under debate 
Spain recognized the belligerency of the Cubans by throwing open 
the doors of Sanguily's dungeon and accepting his parole, and by 
suspending capital proceedings against General Rivera. 

What is now left for us to do is to formally declare the bellig- 
erency of the warring hosts in Cuba, which Spain has thus tacitly 
acknowledged. 

If we leave Spain to play fast and loose upon this question, and 
to putter with its in a double sense, we shall soon find that wo have 
been deceived into a dilemma, either horn of which she will take 
at pleasure. Already it is announced that Major Sandoval, a 
member of Weyler's staff, is to be here, if he has not already ar- 
rived, to wage war in our courts, with the aid of the Pinker ton 
detectives, so long in Spain's service, against a Cuban junta that 
is alleged to exist in the United States. I hope ho will come on a 
less intrusive mission. 

If he comes on that mission, it may occur to our Government to 
inquire by v/hat authority Weyler can transfer his hostilities to 
our soil and prosecute the pleas of the United States against Cubans 
who, equally with Spanish subjects, are enjoying the shelter of our 
national hospitality. Our laws of neutrality were no more en- 
acted for the service of Spain than for that of Canada or Mexico. 

2777-17 



258 

They v/ere enacted to regulate the conduct of our ovvn people, 
tlirougli the jtidicial or executive agencies of our own Govern- 
ment. 

We do not need Spanish military assista.nce in the administra- 
tion of our laws, "being ourselves quite equal to that duty, and a 
proper sense of self-respect will, I hope, cause us to dismis's Major 
Sandoval from further attendance after his complaint has been 
respectfully heard, if h© is here as a Spanish military officer for 
any such purpose. If hecornes to complain that we are unfaithful 
to our treaty ohligations, or to our duties under the laws of nations, 
and is properly empowered, he is entitled to a most candid and 
respectful audience at the Department of State. 

If he comes as V/eyler's aid to prosecute our people, or our 
guests, for the violation of our own lavre, in our open courts, let 
him first be held to esplain v/hy his Government, and under Wey- 
ler's orders, has persistentlyrefused trial to our people arrested in 
Cuba in the manner provided by Spanish law with reference to 
civil or political offenses and pledged to them in our treaties. 

Let him account for the military arrest, the deadly silence of 
the incomunicado, the solitary inquisition, the torments of thirst 
and beatings of men in chains, and the nights in prison without 
the privilege of sleeping on the floors of the filthy dungeons or of 
a blanket to wrap the bodies of the victims crowded into black 
holes like those of Calcutta and Ceuta. If his mission is peace 
and mercj^, let him explain such deeds, many times repeated all 
over Cuba, as I have read from the sworn testimony of Dr. Diaz, 
a most worthy and truthfirl Protestant divine. 

I could multiply statements such as I have read until Weyler 
even would shudder at his own cruelties, but it is needless to re- 
call this dark record of inhumanity. It is graven indelibly on 
millions of hearts. I have cited these instances of outrage only 
to illustrate the insolence of a government that has inflicted them 
in their effort nov7 to inflict other punishments, under our lav/s, 
upon the Cuban patriots after they are at last compelled by the 
judgment of all civilized peoi^le to accord to them, in Cuba at 
least, the pretense of belligerent rights. 

A large amount of money is being expended in the United States, 
both by Spain and Cuba, for war purposes. Spain also expends 
large sums in support of a secret detective force in our country, 
through v/hich she prosecutes clandestine war against the Culoan 
people as effectively as she does from her picket posts and skir- 
mish lines in that island. This is excused because of the comity 
supposed to be due to her titular sovereignt}-, v,^hen she can no't 
open a court or collect taxes at a distance of 10 miles from her 
military posts in Cuba. A Pinkerton detective force in the pay 
of the Cuban people in Habana v^ould be shot to death as fast as 
they could be caught; and a banished citizen of the United States 
who should return to Cuba under the guaranty of our treaties 
would be subjected to a like fate. 

We do not claim mutuality in the Spanish privilege of murder, 
but we do claim that v/e shall not be made accessory to Spanish 
atrocities by lending our courts to them to facilitate their perpetra- 
tion upon the friends of liberty and human rights in Cuba. 

When they have declared that public war exists in Cuba, then 
the laws of nations will open our courts alike to both parties on 
equal terms, and the use" of our statute laws to punish Cuban 
patriots for the same acts that Spain can now perform with im- ' 
punity will cease. 

2777 



259 

A Spanish man-of-war can now convoy a ship from the port of 
New York loaded with VN^ar material to destroy the King's sub- 
jects ki arms, or in rebellion, or suspected of political crimes in 
Cuba, and to intercept her in such a voyage v/otild invite condign 
punishment. As she passes our forts, they exchange salvos in 
honor of the flag that covers this engine of war and these con- 
spirators against the million of people who are fighting in open 
war for life, country, and liberty. 

And all this is done because our Government, through obei- 
sance to a chronic despotism, lovv'ers its flag to a tyrant that de- 
spises justice and scorns to recognize the fact that it can be suc- 
cessfully driven into public and acknowledged war by its perseciited 
subjects. 

The next ship that sails from our great port maybe loaded with 
food, munitions of war, and hospital stores for those starving 
rebels and their sick and wounded defenders. 

Under the laws of nations both vessels can depart from our 
shores in peace, if public war exists in Cuba, but if the monstrous 
falsehood is adopted by our Government that all the naval power 
of Spain and 150,000 soldiers are not in the field making war upon 
her subjects until Spain chooses to declare that war exists, our 
v/ar vessels will open their guns on that messenger of mercy and 
sink her to the bottom of the seas. 

The glory of our Republic will cease to attract the love of our 
people v/hen it becomes the ally of Spain in the support of a false- 
hood that crushes every hope of liberty and denies to humanity 
the helping hand of charity. 

If this were a new struggle provoked by some -recent and insuf- 
ficient cause, our refusal to recognize the fact that war exists in 
Cuba might furnish us with a plaiisible excuse for our present 
course. But it is only an episode in a long struggle for liberty. 
The foundation of the .Republic of Cuba was laid in Spain by the 
constitution of 1813, which was extended to Cuba, and gave to her 
people their first and only impulse of prosperity, confidence, and 
self-reliance. 

Later, and before 1836, those constitutional rights had been re- 
voked, and Cuba was relegated to the irresponsible despotism of 
the Captain-Generalcy, with power given him as a viceroy to sus- 
pend the laws and supplement them with his decrees, to levy and 
collect taxes, to confiscate property, and to inflict death by ivAli- 
tary order. In this authority he was sui^ported by a standing 
army of at least 18,000 men, whose sole service was to keep the 
people of Cuba in subjection. Their whole career was that of an 
enslaved and subdued race. 

Mr. Ballon, of Massachusetts, in 1854 visited Cuba with his in- 
valid wife, and, after a long stay, he returned and wrote a book of 
great interest, from which I will read some quotations that show 
the condition of that country at that period, that we may trace 
the parallel to this day and understand the causes of the struggle 
that now engages the sympathy of all Christendom. 

As I read from this author, we will see the fountain — the same 
from which our fathers drank— of constitutional liberty from 
which the Cubans received the inspiration that now refreshes the 
Republic of Cuba with the hope of that right of self-govern- 
ment to which we owe our independence, our strength, our happi- 
ness, our prosperity, and the glory of our national renown._ Wo 
will see also how we are responsible for having held Cuba in the 
chains of Spanish despotism, when Mexico, led by Victoria, and 
2777 



260 

Colombia, led by Bolivar, were forbidden by us, in combination 
witli France and England, from striking those fetters froin. this 
Queen of the Antilles. 

I make no excuse, Mr. President, forrsading from thisable gen- 
tleman in private life, v^ho in 1854 was in Cuba, having gone from 
Massachusetts to that country, and who, on his return, felt that it 
was incumbent upon him to make some statements to his f-ellow- 
countrymen in regard to the situation of the Cubans. 

It is not a pleasant remembrance that the truth of history forces 
ITS to recall that Bolivar and Victoria would have secured national 
independence in Cuba in 1823 but for the slavery question in the 
United States and our dread of Great Britain and France, which 
caused us to interpose and warn them oil from Cuba with their 
armies, and to forbid Colombia and Mexico to aid those people in 
their effort to escape from Spanish domination, as they had so 
recently done. 

Our responsibility for the suif erlngs of Cuba under the Spanish 
yoke for the past seventy years is not a light thing either to them 
or to our people. There is a retribution for our v>'-rGng that it is 
unpleasant to suifer. 

Mr. Ballon says: 

When the French invasion of Spain in 1S08 produced the constitution of 



> imnciple of -Dopula 

tion of the nation on the death of Ferdinand VII obliged Queen Christina to 
rely on the Liberal party for a triumph over th« pretentions of the Infante 
Don Carlos to the crown and to assxn-e the throne of Donna Isabella II, and 
the estatuto real (royal statute) was proclaimed in Spain and Cuba. 

The Cubans looked forward, as in 1813 and 1830, to a representation in the 
national congress and the enjoyment of the samo liberty conceded to the 
Peninsiila. An institution was then established in Habaua, with branches in 
the island, called the Boyal Society for Improvement, already alluded to in 
our brief notice of Don Francisco Arranjo. The object of this society^ was to 
aid and protect the progress of agriculture and commerce, and it achieved a 
vast amount of good. At the same time th« press, within the narrow limits 
conceded to it, discussed with intelligeuce and zeal the interests of the coun- 
try, and diffused a knowledge of them. 

In 1S36 the revolution known as that of l^a G-ranja, provoked and sustained 
by the progressionists against tlie moderate party, destroyed the '^ royal 
statute " and proclaimed the old constitution of 1813. The queen-mother, 
then Regent of Spain, convoked the constituent Cortes and summoned depu- 
ties from Cuba. 



— bpa — _ — -, ^ _ ^ _ 

telligence and wealth under the protection of a few enlightened governors 
and through the influence of distinguished and patriotic individuals, were 
aware that these advances were slow, partial, and limited, that there was no 
regular system, and that the public interests, confided to ofHeials intrusted 
with unlimited power and liable to the abuses inseparable from absolutism, 
frequently languished or were betrayed by a cupidity which impelled des- 
potic authorities to enrich themselves in every possible way at the expense 
of popular suffering. 

Added to thes-e sources of discontent was the powerful influence exerted 
over the intelligent portion of the people by the portentous spectacle of the 
i-apidly increasing greatness of the United States, where a portion of the 
Cuban youths were wont to receive their education and to learn the value of 
a national independence based on democratic principles, principles which 
they were apt fi-eeij'- to discuss after returning to the island. 

There also were the examples of Mexico and Spanish South America, which 
had rccentlv conquered with their blood their glorious emancipation from 
monarchy. 'Liberal ideas were largely diffused by Cubans who had traveled 
in Europe, and there imbibed the spirit of modem civilization. But, with 
a fatuity and obstinacy which has always characteriz-ed her, the mother 
country resolved to ignore these causes of discontent, and, instead of yield- 
ing to the popular current and introducing a liberal and mild systean of 
government, drew the reins yet tighter, and even curtailed many of the 
privileges formerly accorded to the Cubans. It is a blind persistence in the 
2777 



261 

fated principle of despotic domination which has relased the moral and 
political bonds uniting the two countries, instilled gall into the hearts of the 
governed, and substituted the dangerous obedience of terror for the secure 
loyalty of love. This severity of the home Government has given rise to 
several attempts to throw off the Spanish yoke. 

The first occurred in 1823, when the Liberator, Simon Bolivar, offered to 
aid the disaffected party by throwing an invading force into the island. The 
conspiracy then formed by the aid of the proffered expedition, for which men 
were regularly enlisted and enrolled, would undoubtedly have ended in the 
triumph of the insurrection had it not been discovered and suppressed pre- 
maturely, and had not the Governments of the United States, Great Bi-itain, 
and Franco intervened in favor of Spain. 

?s^ In 1826 some Cuban emigrants, residing in Caracas, attempted a new expedi- 
tion, which failed, and caused the imprisonment and execution of two patri- 
otic young men, Don Francisco de Aguero y Velazco and Don Bernabe Sanchez, 
sent to raise the department of the interior. In 1828 there was a yet more for- 
midable conspiracy, known as El Aguila Negi-a (the black eagle). The efforts 
of the patriots proved unavailing, foiled by the preparation and power of the 
Government, which seems to be apprised by spies of every intended move- 
ment for the cause of liberty in Cuba. 

Here we see, Mr. President, that in 1823 Bolivar, the great de- 
liverer of South America, h?„d formed a combinajtion with Vic- 
toria, the President of Mexico, for the purpose of driving out the 
Spanish authority from Cuba, as it had already been driven out 
from all the other Spanish- American states. 

If we had not then prevented this noble and generous move- 
ment, Cuba would be to-day, as_she will soon be, the nineteenth 
great republic of the Western Hemisphere and the central glory 
of the southern seas. 

It is time that we had begun to redeem our own great error by 
taking Cuba by the hand and lifting her from beneath the feet of 
Weyler and placing her, in honor, upon the beautiful throne that 
God built for the Queen of the Antilles — the throne of liberty, 
supported by the independence of the people. Let us glance for a 
moment at the results of otir fatal blow at Cuban independence. 
The legitimate fruit of this painful intervention was the Captain- 
Generalcy, in the hands of Tacon, vzliose successor, Weyler, has at 
last brought Tacon's usurpations to that excess of depravity at 
which the whole world is in revolt. I will read from the same 
author, Mr. M. M. Ballon: 

Although the royal proclamation which announced to Tacon the estab- 
lishment of the constitution in Spain intimated forthcoming orders for the 
election of deputies in Cuba to the general Cortes, still he considered that 
his commission as Captain-General aiithorized him, under the circumstances, 
to carry out his own will and suppress at once the movement set on foot 
by General Lorenzo on the ground of its danger to the peace of the island 
and the interests of Spain. 

The royal order which opened the way for his attacks upon the Cuban peo- 
ple, after a confused preamble, confers on the Captain General all the author- 
ity appertaining in time of war to a Spanish governor of a city in a state of 
siege, authorizing him in any circumstances and by his proper will to suspend 
any public functionary, whatever his rank, civil, military, or ecclesiastical, to 
banish any resident of the island without preferring any acciisations, to mod- 
ify any law or suspend its operations, disobey with impunity any regulation 
emanating from the Spanish Government, to dispose of the public revenues 
at his v/ill, and, finally, to act according to his pleasure, winding up with 
recommending a moderate vise of the confidence evinced by the sovereign in 
according power so ample. 

Although the Captains-General of Cuba have always been invested with 
extraordinary power, we believe that these items of unlimited authority 
were first conferred upon Vivez in 1825, when the island was menaced by an 
invasion of the united forces of Mexico and Colombia. In these circumstances, 
and emanating from an absolute authority like that of Ferdinand VII, a 
delegation of power which placed the destinies of the island at the mercy of 
its chief ruler might have had the color of necessity; but to continue such 
a deleg-ation of authority in time of peace is a most glaring and inexcusable 
blunder. 

2777 



262 

Here we find ourselves responsible also for tlie enlarged powers 
of tlie Captain-General, -whicli were conferred by this royal order 
for tlie purpose of checking and i)utting down the combina,tioi> 
between V^ictoria and Bolivar, when they were about to enter the 
Island of Cuba to release her from Spain's dominion and were 
prevented by tlie intervention of the G overnment of the United 
States. 

Yfe have some responsibilities about this matter, Mr. President, 
that we had better begin at least to consider. Yfe are now trying 
to find out exactly our bearings with reference to this question, 
and I hope we shall be sincere and dutiful in otir belated work, 
TMs writer, Mr. Ballou, portrays the policy of Spain toward 
Cuba and its execution through the office of Captain-General in 
the following clear manner, so that we have only to compare the 
present with the past to see that in the hands of this vice-royal 
autocrat Spain has lodged a power that wars against Christian 
civilization with far greater excess of cmelty than that which 
Tiirkey visits upon the Christians in Crete or Armenia. 

He further v/rites: 

We have seen tliat the office of Captain-General vras estalolislied in 1589, 
and, with a succession of incnml38nts, the office has been maintained until 
the present day, retaining the same functions and the same estraordinary 
pov/ers. The object of the Spanish Q-overnment is, and ever has been, to de- 
rive as ninch revenue as possible from the island; and the exactions imposed 
upon the inhabitants have increased in proportion as other colonies of Spain 
in the western world have revolted and obtained their independence. The 
Imposition of heavier burdens than those imposed upon any other people in 
the world has been the reward of the proverbial loyalty of the Cubans; 
while the epithet of " ever faithful " bestowed by the Crown has been their 
only recompense for their steady devotion to the throne. But for many 
years this lauded loyalty has esisted only in appea,rance, while discontent 
has been fermenting deeply beneath the surface. 

The Ctibans owe all the blessings they enjoy to Providence alone, so to 
speak, while the evils which they sitffer are directly referable to the oppres- 
sion of the home G-overnment. Nothing short of a military despotism could 
maintain the connection of such an island with a mother country more than 
8,000 miles distant; and accordingly we find the Captain-General of Cuba in- 
vested v.dth unlimited power. He is in fact a viceroy appointed by the Crown 
of Spain, and accountable only to the reigning sovereign for his administra- 
tion of the colonies. 

His rule is absolute. He has the power of life and death and liberty in 
his hands. He can, by liis arbitrary will, send into esile any person what- 
ever, be his name or rank what it may, whose residence in the island he con- 
siders prejudicial to the royal interests, even if he has committed no overt 
act. He can suspend the operation of the laws and ordinances, if he sees fit 
to do so; can destroy or confiscate property, and, in short, the island may be 
said to be perpetually in a state of siege. 

Mr. Ballou thus describes the povv'^er \vith which in 1854 the 
Captain-General maintained liis authority in Cuba: 

Tiie Spanish Government supports a, large army en the island, v.'-hich is 
under the most rigid discipline and in a state of considerable efficiency, it is 
the policy of the home Government to flU the rants with natives of old Spain 
in order that no undue sympathy may be felt for the Creoles, or islanders, in 
case of insurrection or attempted revolution. An order has recently been 
issued by Pezuela, the present governor-general, for the enrollment of free 
blacks and mnlattoes in the ranks of the army, and the devotion of these 
people to Spain is loudly vaunted in the Captain-General's proclamation. 
The enlistment of people of color in the ranks is a deadly insult offered to.the 
•white population of a slaveholding country— 

This is an abolitionist who is writing — 

a sort of shadowing forth of the menace, more than once thrown out by 
Spain, to the effect that if the colonists should ever attempt a. revolution she 
would free and arm the blacks, and Cuba, made to repeat the tragic tale of 
Santo Domingo, should be useless to the Creoles if lost to Spain. But we think 
Spain overestimates the loyalty of the free people of color vrhom she would 
now enroll beneath her banner. They can not forget the days of O'Donnell 
(governor-general), when he avenged the opposition of certain Cubans to 
2777 



263 

the illicit and infainous slave trade by wliicli he was enriching himsBlf by 
charging them with an abolition conspiracy in conjunction -^-.'ith the free 
blacks and mulattoes, and put many of the latter to the torture to make 
them confess imaginary crimes, while others, condemned without a trial, 
were mowed down by the lire of platoons. Assuredly the people of color 
have no reason for attachment to the paternal Government of Spain. 

And in this connection we may also remark that this attempt at the enroll- 
ment of the blacks has already proved, according to the admission of Spanish 
authority, a partial failure, for they can not readily learn the drill, and offi- 
cers dislike to take command of companies. 

We turn now to tlie condition of tlie people of Cuba in 1854, as 
it is described by Mr. Ballon. He says: 

We have thus dilated upon the natural resources of Cuba and depicted the 
charms that rest about her; but every picture has its dark side, and the po- 
litical situation of the island is the reverse in the present instance. Her 
wrongs are multifarious, and the restrictions placed izpon her by her oppress- 
ors are ea,ch and all of so heinous and tyrannical a character that a chapter 
upon each would te insufficient to place them in their true light before the 
world. There is, however, no better way of placing the grievances of the 
Cubans, as emanating from the home Government, clearly before the reader 
than by stating such of them as recur readily to the writer's mind in brief: 

She is permitted no voice in the Cortes; the press is under the vilest cen- 
sorship; farmers are compelled to pay 10 per cent on all their harvest except 
sugar, and on that article 3^ per cent; the island has been under martial law 
since 1825; over §23,000,000 of taxes are levied upon the inhabitants to be 
squandered by Spain; ice is monopolized by the Government; flour is so taxed 
as to be inadmissible; a Creole must purchase a license before he can invite a 
few friends to take a cup of tea at his board; there is a stamped paper, made 
legally necessary for special purposes of contract, costing §3 per sheet; no 
goods, either in or out of doors, can be sold without a license; the natives of 
the island are excluded entirely from the army, the judiciary, the treasury, 
and the customs; the military Government assumes the charge of the schools; 
the grazing of cattle is taxed exorbitantly; newspapers from abroad, with 
few exceptions, are contra,band; letters passing through the post are opened 
and purged of their contents before delivery; fishing on the coast is forbid- 
den, being a Government monopoly; planters are forbidden to send their 
sons to the United States for educational purposes; the slave trade is secretly 
encouraged by Government; no person can remove from one house to another 
without first paying for a Government permit; all cattle (the same as goods) 
that are sold must pay 6 per cent of their value to Government; in short, 
every possible subterfuge is resorted to by the Government officials to 
swindle the people, everything being taxed, and there is no appeal from the 
decision of the Captain-General. 

This New England abolitionist, Mr. Ballon, had scant sympathy 
for the Cubans, all of whom were slaveholders in 1851; yet their 
political enslavement to Spanish oppressors was so terrible in the 
view he had of their wrongs that he forgot the slaves in his com- 
passion for their masters, "the white race; and he thus speaks of 
them and the beautiful island, another Eden, where the sting of the 
serpent is forever wounding his victim, while the promise of death 
is delayed to protract his sufferings indefinitely: 
It is a goodly sight to see 
What Heaven hath done for this delicious land! 
What fruits of fragrance blush on every treel 
What goodly prospects o'er the hills expand! 

If it were possible to contemplate only the beauties that nature has so 
prodigally lavished on this Eden of the Gulf, shutting out all that man has 
done and "is still doing to mar the blessings of Heaven, then a visit to or resi- 
dence in Cuba would present a succession of unalloyed pleastires eqtial to a 
poet's dream. But it is impossible, even if it would be desirable, to exclude 
the dark side of the picture. The American traveler particularly, keenly 
alive to the social and political aspects of life, appreciates in full force the 
evils that challenge his observation at every step and in every view which he 
may take. 

If he contrast the natural scenery with the familiar pictures of home, he 
can not help also contrasting the political condition of the people with that 
of his own countrv. The existence, almost under the shadow of the flag of 
the freest institutions the earth ever knew, of a government as purely 
desuotic as that of the Autocrat of all the Kussias is a monstrous fact that 
startles the most indifferent observer. It must be seen to be realized. To go 
2777 



264 

hence to Cuba is not merely passing over a few degrees of latitude in a few 
days' sail. It is a step from the nineteenth century back into the Dark Ages. 

In the clime of .sun and endless summer, we are in the land of starless polit- 
ical darkness. Lying under the lee of a land where every man is a sovereign 
is a realm where the lives, liberties, and fortunes of all are held at the tenure 
of the v.'ill of a single individual, and whence not a single murmur of com- 
plaint can reach the ear of the nominal ruler, more than a thousand leagues 
away in another hemisphere. 

In close proximity to a country where the taxes, self-imposed, are so light 
as to be almost unfelt is one where each free family pays nearly $100 per 
annum for the support of a system of bigoted tyranny, yielding, in the aggre- 
gate, an annual revenue of $35,000,000, for whicli they receive no equivalent- 
no representation, no iitterance, for pen and tongue a.re alike proscribed, no 
honor, no office, no emolument, while their industry is crippled, their inter- 
csrurse with other nations hampered ia every way*; their bread literally 
snatched from their lips, the freedom of education denied, and every gener- 
ous, liberal aspiration of the human soul stifled in its birth. And this in the 
nineteenth century and in North America. 

Such are the contrasts, broad and striking, and such the reflections forced 
upon the mind of the citizen of the United States in Ouba. Do they never 
occur to the minds of the Creoles? We are told that they are willing slaves. 
Spain tells us so, and she extols to the world with complacent mendacity the 
loyalty of her "siempro flelissima Isla do Cuba." But why does she have a 
soldier under arms for every four white adults? We were about to say white 
male citizens, but there are no citizens in Cuba. A proportionate military 
force in this country would give us a standing army of more than a million 
bayonets, with an annual expenditure, reckoning each soldier to cost only S300 
per annum, of more than $200,000,000. 

And this is the peace establishment of Spain in Cuba— for England and 
France and the United States are all her allies, and she has no longer to fear 
the roving buccaneers of the Gulf who once made her tremble in her island 
fastnesses. For whom, then, is this enormous warlike preparation? Certainly 
for no external enemy; there is none. The question, answers itself— it is for 
her very loyal subjects, the people of Cuba, that the Queen of Spain makes 
all_this wai'like show. 

it is impossible to conceive of any degree of loyalty that would be proof 
against the unparalleled burdens and atrocious system by which the mother 
country has ever loaded and weighed down her western colonists. They 
must be either more or less than men if they still cherish attachment to a 
foreign throne under such circumstances. But the fact simply is, the Creoles 
of Cuba are neither angels nor brutes. They are, it is true, a long-suffering 
and somewhat indolent people, lacking in a great degree the stern qualities 
of the Anglo-Ssson and the Anglo-Korman races, but nevertheless intelligent, 
if wanting culture, and not without those noble aspirations for independence 
and freedom, destitute of which they would cease to be men, justly forfeiting 
all claim to our sj^mpathy and consideration. 

Dm-ing the brief intervals in which a liberal spirit was manifested toward 
the colony by the home Government the Cubans gave proof of talent and 
energy, which, had they been permitted to attain their full development, 
would have given them a highly honorable name and distinguished charac- 
ter. When the field for genius was comparatively clear, Cuba produced 
more than one statesman and man of science who would have done honor to 
a more favored land. 

But these cheering rays of light were soon extinguished and the fluctuat- 
ing policy of Spain settled down into the rayless and brutal despotism which 
has become its normal condition and a double darkness closed upon the polit- 
ical and intellectual prospects of Cuba. But the people are not, and have 
not been, the supine and idle victims of tyranny which Spain depicts them. 
The reader who has indulgently followed us thus far will remember the 
several times they have attempted, manacled as they are, to free their limbs 
from the chains that bind them. It is insulting and idle to say that they 
might have been free if they had earnestly desired and made the effort for 
freedom. 

Who can say what would have been the result of our own struggle for 
independence if Great Britain at the outset had been as well prepared for 
resistance as Spain has always been in Cuba? Who can say how long- and 
painful would have been the struggle if one of the most powerful military 
nations of Europe had not listened to our despairing appeal and thrown the 
weight of her gold and her arms into the scale against our great enemy? 

I will insert in my remarks a f urtlier extract from Mr. Ballou's 
book without delaying the Senate to read it. 

When it is compared with what we know and so painfiilly feel 
as to the present condition of Cuba and its long-suffering and 
brave people, and connect the present with the ten years' war 

2777 



265 

"wliicli occiirred twenty-foiu' years after Mr. Ballou wrote Mg 
book, and then twenty years to the opening of the present war, 
we see a chain of political cause and effect into whose links there 
is woven the same undying love and devotion to the liberty of 
self-government that inspired our fathers in their Revolutionary 
struggle. 

it is a cause that will not die, even if we, its natural guardians, 
should banish it from our hearts to make room for the depravity 
of that royal slavery that some seem to crave who still claim to 
be Americans. The people of Cuba still pray for the boon of our 
liberty and independence, and are even willing to perish in the 
fires of Spanish inquisition if, in such a death, they can secure 
these blessings for their children. Let us reflect that it was in 
1854 that Mr. Ballon wrote these prophetic words: 

If Cuba lies at present unaer the armed heel of despotism, Tve may be sure 
that the anguish of her sons is keenly aggravated by their perfect under- 
standing of our o'Rrn liberal institutions and an earnest, if fi'uitless, desire to 
participate in their enjoyment. It is beyond the power of the Spanish Gov- 
ernm.ent to keep the people qf the island in a state of complete darkness, as 
it seems to desire to do. The young men of Cuba educated at our colleges 
and schools, the visitors from the United States, and American merchants 
established on the island are all so m.any apostles of republicanism and propa- 
gandists of treason and rebellion. Nor can the Captains-General, with all 
their yigilance, exclude what they are pleased to call incendiary newspapers 
and documents from pretty estensive circulation among the " eyer faithful." 

That liberal ideas and hatred of Spanish despotism are widely entertained 
among the Cubans is a fact no one who lias passed a brief period among them 
can truthfully deny. The wi'iter of these pages avers from his personal 
knowledge that they await only the means and the opportunity to rise in 
rebellion against Spain. We are too far distant to see more than the light 
smoke, but those who have trodden the soil of Cuba have sounded the depths 
of the volcano. The history of the unfortunate Lopez expedition proves 
nothing contrary to this. The force under Lopez afforded too weak a nucleus, 
vras too hastily thrown upon the island, too ill prepared, and too untimely 
attacked to enable the native patriots to rally round its standard and thus 
to second the efforts of the invaders. 

With no amtaunition nor arms to spare, recruits would have only added to 
the embarrassment of the adventui'ers. Yet had Lopez been joined by the 
brave but unfortunate Crittenden, with what arms and ammunition he pos- 
sessed, had he gained some fastness where he could have been disciplining 
his command until further aid arrived, the adventure might have had a very 
different termination from what we have recorded in an early chapter of this 
book. 

Mr. President, the conditions in Cuba have not changed for 
eighty years as to the determination of those people to lift them- 
selves to that plane of liberty that all Spanish America has 
reached, upon v,'hieh we were the first to raise the banner of 
redemption from the power of European monarchy. In that 
period they have suffered more than all the republics of America 
for the cause so dear to them all. What they suffer to-day is 
only the repetition of agony from which they have never been 
free. 

Until Weyler came its most dreadful pangs had not been felt. 
Now it seems that by a supreme effort of the writhing victim the 
hold of the oppressor is to be broken. 

Vie had France to help us in our travail, but Cuba has found 
no friend such as France was to us. 

That Cuba will be free is written in the stars that glow in the 
tin failing light of the Southern Cross, to wliich her children turn 
their eyes with a faith that grows stronger and a hope that grows 
brighter as the night of their sorrows grov.'S darker and darker. 

As an appendix to my remarks i present a x^aper entitled " The 
surrender of Guaimaro," for the purpose of showing the treatment 
8777 



2^% 

of prisoners of war by the Cubans in contrast v/ith tlie treatment 
of such prisoners by the Spaniards. 

The PRESIDING- OFFICER. The document will be printed 
as an appendix, in the absence of objection. 

Appej;dix. 

THE feUBRENDER OE GUAIMARO. 

[Minutes of the siirreiider of Gnaimaro.] 

In Gnaimaro, on the 28th of October, 1896, there being present in the garri- 
son quarters of this town Col. G. Menocal, of the Cuban army, chief of staff 
of tlie military department of the east, and Capt. Jose Eosario Baez, of the 
Spanish army, the latter said that his situation being unbearable, owing to 
the siege of this fortified town, since the l?th instant, by the forces under 
Maj.Gen.Calixto Garcia Iniguez, chief of the department, he surrenders the 
fortified tov/n under the conditions offered respecting his life and those of 
his troops under him, the officers and other forces which defended the forts 
of the town having given up in the same manner. 

Rosario is to give his own arms and his property and that of his subordi- 
nates. Eosario delivers 40 Maiiser rifles, 8 boxes of ammunition of the same, 
g bugles, and $1,580.40 in silver, which, he says, was given him as a deposit by 
the commissary of war. 

Mr. Garcia Menocal, representing Maj. Gen. Calixto Garcia Iniguez, ratifies 
the above conditions and acknowledges receipt of the fortified town and the 
effects and money mentioned, stating that when Captain Eosario surrendered 
the Cuban forces were in possession of the fortifications and troops that de- 
fended them and occupied the town. 

And so that it shall appear from the proceedings, they sign two of the same 
tenor- 

M. C. MENOCAL. 
JOSE EOSARIO, 

Chief of Department. 
Maj. MANUEL RODRIGUEZ. 

In the free town of Guaimaro, on the 28th day of the month of October, 189f), 
Drs. Eugenie Molinet, colonel, chief of the sanitary department of the army of 
liberation of Cuba, and Fernando Perez de la Cruz, physician of the first class 
of the sanitary corps of the Spanish army, having come together, agreed to 
draw the following minutes, in which it is stated that at 2 o'clock in the 
morning of the same day, and before the surrender of the garrisons, neutral- 
ity was granted to the hospital of Guaimaro, in conformity to what was 
determined in the international congress which took place in Geneva, in 
which it was declared in a solemn manner that the wounded, field hospitals, 
and sanitary employees would be respected. 

This neutrality was granted not only on account of the petition made by 
the head of the hospital, but also because of the desires of Maj. Gen. Calixto 
Garcia Iniguez, chief of the military department of the east, who desires that 
it shall be known that it is his firmest intention to respect the treaty above 
referred to, although the Spanish Government has not wished to accept said 
treaty with respect to the Cuban army. 

At the request of Dr. Fernando Perez de la Cruz, he was left in charge of 
the cure of the sick and wounded of the said hospital, leaving him all the 
means which he deemed necessary for the care of his sick and wounded. He 
was also offered all the means, personal as well as medical, of the Cuban 
army. The said doctor of the Spanish army was provided with all the means 
to transport his sick and wounded to a place where they can be gathered by 
forces of his army. 

And so that it shall appear from the proceedings, we sign the present min- 
utes in duiDlicate. 

Country and liberty 1 

Dr. E. MOLINET. 

PEENANDO PEEBZ DE LA CRUZ. 

In the cattle farm " El Platano," State of Camaguey, on the 2d of Novem- 
ber, 1896, Dr. Eduardo Padro, lieiitenant-colonel of the sanitary department 
of the army of liberation of Cuba, and Dr. Manuel Huelva Romero, physician 
of the first class of the Spanish army, being present. Dr. Padro said that by 
order and representation of Maj. Gen. Calixto Garcia Iniguez, chief of the 
military department of the east, and by virtue of a communication that 
said superior chief has sent and was sent to the chief of the Spanish army, 
Adolfo Jimenez Castellaaos, in regard to the universal laws of war that the 
Cuban army observes, although they are not observed by the Spanish army, 
he delivered by this act to Dr. Huelva 23 sick and wounded, 5 sanitary em- 
ployees, 4 civilians, Dr. Fernando Perez de la Cruz, and an oflicer of the first 
ST77 



267 

class of the militai-y department, Julio Perez Pitarcli, said individuals being all 
taken prisoners in the field, liospital of 'the Spanish armj^, to which they be- 
longed, in the capture of the town of Guaimaro by the (Z!uban forces, under 
the orders of Maj. Qen. Calisto Garcia Iniguez, which took place on the 2Sth 
of last October. And Dr. Manuel Romero said that in representation of the 
Spanish general, Don Adolfo Jimenez Castellanos, and] in conformity with 
what has been declared by Dr. Padro, he admits the receipt of the sick, 
wounded, and other prisoners mentioned, declaring that among the wotinded 
there is a chief and an oiScer, and in order that it shall appear from the pro- 
ceedings for its proper use, they dreAV up the present minutes, making two 
of the same tenor. 

Dr. EDUARDO PADRO. 

Dit. Sl/l>rUSL HUELYA. 

Mr. MORGtAN. To-morrow, in the morning laonr, I will ask 
that tlie joint resolution be laid before the Senate, being aware 
that some of the Senators in favor of the measure desire to speak 
upon it, and I shall have the hope of getting the joint resolution 
to a vote v*'ithin a few daj's. 



May ic, 1S9"L 

Mr. ALLISON". If the rontine business is closed, I move that 
the Senate proceed to the consideration of the sundry civil appro- 
loriation bill. 

Mr. MORGAN. Before that motion is put, I desire to ask the 
Senator from Iowa, whether since j^esterday there has been any 
very great emergency for iDushing this bill to the front. The Sen- 
ator yesterday at my siiggestion very kindly consented to give 
notice that he would move to take up this appropriation bill to-day 
at 2 o'clock. Now, it seems that he is moving it to the front, and I 
suppose— I hope it is not trxie — but I suppose the Senator is doing 
that in order to prevent me from calling lip Senate joint resolution 
No. 26 on the subject of Cuba. I should like to know v\'hether the 
Senator desires to displace that order with his present motion — 
whether that is his purpose? 

Mr. ALLISON. The Senator from Alabama is usually able to 
discern my motives, but in this instance he happens to be mis- 
taken. I refrained from suggesting to the Senate yesterday that 
I would call up the appropriation bill in the morning hour to-day, 
understanding that the Senator from Missouri [Mr. Vest] had 
some resolution that he wished to make some observations upon 
this morning, and also the Senator from Arkansas [Mr. Berry] . 
In order to make my pathway as clear as possible, I saw those 
Senators and asked therii if they would not allow me to go on with 
the appropriation bill this morning. I did not know that there 
was any special interest in the matter of Cuba that required the 
occupation of the morning hour this morning, and I did not sup- 
pose that that question would be before the Senate to-day. So 
the Senator from Alabama is wholly mistaken as to any view I 
may have had on the subject. 

Mr. MORGAN. I wish to ask the unanimous consent of the 
Senate that I may be indulged for a fev/ moments in making an 
appeal to the Senator from Iowa. 

I have intended, as my conduct has very clearly shown, to press 
the joint resolution as rapidly as I could before the Senate. My 
piirpose has not been in the slightest degree personal, nor has it 
been any other than a desire on my part to ]3revent the continu- 
ance of a condition in Cuba that is absolutely unbearable in the 
eight of God and man. That is to say, I have authentic informa- 
tion, which I can submit to the Senator from Iowa, and which he 



268 

will not doubt when I do it, that American citizens as well as 
Gtibans are being penned np and have been penned up in the cities 
and towns of Cuba by the order of General Weyler as a military 
movement, and that they are now literally starving to death in 
numbers for the want of provisions and supxDlies. 

I apprehend that the delays, which have been great in this mat- 
ter, and such as it has been imp^ossible for me to control, have a 
direct reference to the fact that the Spanish Government is now 
attempting in monetary circles in Europe to negotiate a loan for 
the purpose of paying the interest upon a bonded debt v\/'hich falls 
due nov/ within a few days. Failing to do that, Spain will proba- 
bly not conduct the war, even during the y/et season, against Cuba. 
Her power in Cuba is going into a state of rapid dilapidation, and 
unless she can delay action in the Senate of the United States, 
through which we will give an expression again to that which 
heretofore we have so solemnly expressed with respect to the 
rights of belligerency between Spain and Cuba in that island, she 
will aiot be able to sell her bonds in the European market. 

I do not wish, Mr. President, to contribute to the form of v/ar 
which is prevailing in Cuba to-day, with cruelties that are de- 
stroying innocent men, women, and children, by facilitating this 
operation of Spain in the money markets of Europe. That is my 
reason for urgency in the passage of the joint resolution. I think 
I know what the opinion of the Senate is, and unless the Senate 
has been able to abandon its solemnly declared opinion of a year 
ago, in view of the fact and in consequence of the fact that the 
horrors of war in Cuba have been continually multiplied and 
increased, I can not doubt what the vote of the Senate will be 
upon the joint resolution when it is again taken up and brought 
to a vote. Not having any doubt about that, I do not wish 
that the men who are concerned in financial affairs in Europe 
shall be deceived by the delays which occur in this body in respect 
to the sentiments of the Senate of the United States. I think I 
can anticipate what that expression will be very clearly. If we 
could vote the resolution through this body to-day, Spain could 
not sell her bonds in the markets of Europe. If we delay until 
to-morrow, or a week hence, or two weeks hence, she may be able 
to inveigle the money powers of Europe into taking her bonds 
and restrengthening her credit so as to continue this campaign of 
starvation, murder, and cruelty for some time longer, perhaps 
for a year hence. 

Now, under these conditions and in this situation I would not 
feel at all satisfied with myself, having offered the resolution, if I 
did not press it upon the attention of the Senate of the United 
States constantly and as often as I have the opportunity, in order 
to cut Spain off (for that is my purpose) from a resort to a credit 
that really is fictitious amongst the money lenders of Europe to 
get money in that way for the purpose of continuing this horrible 
crime against humanity. 

I would gladly, Mr. President, retire from the contemplation of 
this subject, from any contact with it or any responsibility for it, 
if I could do so with a clear conscience. I would avoid the labor 
and responsibility and the acrimonious things that are said about 
me in this connection if I could possibly do so. 

But, sir, I still have a heart in my bosom; I still have sympathy 
for suffering humanity; I still have respect for people who fight 
for liberty, and I still" have contempt and abhorrence for those 
methods of warfare in the island of Cuba which have made that 



269 

inan Wej'ler the most tlioroiiglily condemned and despised man 
tliat now lives in the world. So I have thought that I would 
appeal to the Senator from Iowa if he could not postpone the 
appropriation bill until the hour of 2 o'clock, that perchance v/e 
might get at least nearer to a vote, if we do not reach a vote by 
that hour, upon the joint resolution. 

IMr. ALLISON. I appeal to the Senator from Alabama to allow 
me to go on with the consideration of the appropriation bill for 
the reasons which I have already stated and for other reasons of 
public concern. This appropriation bill has been upon the table 
of the Senate for some time, because I have been occupied in 
another matter of public interest wherein it was supposed to be 
of great importance that the measure should be brought to the 
attention of the Senate. This is the first moment in three weeks 
in which I have been able to bring the bill before the Senate. 
This matter relating to Cuba has been tinder consideration here 
for two or three weeks. During the last week it was not pressed 
with any great vigor, at least so far as the public sessions of the 
Senate are concerned. I desire very much to have the appropria- 
tion bill disposed of now, in order that I may for a few days absent 
myself frorn the Senate. That is the only personal reason why I 
urge it now. I have no doubt the Senator from Alabama will 
have an early oiDportunity to bring forward his resolution and 
secure a vote on it. I certainly Vi^ill interpose no impediment in 
the pathway of a vote. 

Mr. MORGAN. The Senator from Iowa says or intimates that 
there has been no attempt on my part 

Mr. ALLISON. No; I do not intimate that. 

Mr. MORGAN. To press the Cuban resolution during the last 
week or ten days. 

Mr. ALLISON. I do not intimate that. 

Mr. MORGAN. Out of a spirit of honorable and just indul- 
gence to one solitary Senator on this floor, vfhich I conceived it to 
be my duty to do, i have allov^^ed this measure to pass from day to 
day, and when that Senator returned to the Senate yesterday morn- 
ing he still said he v,^as not prepared, and the matter went over 
again, with the understanding that the appropriation bill which 
the Senator from Iowa is nov/ pressing at the hour of a quarter to 
1 o'clock would not be called until 3 o'clock to-day. 

Well, I know that the Senator has always been faithful, zealous, 
able, honorable, and patriotic in the discliarge of every duty the 
Senate has ever imposed upon him, and I know that as a rule no 
measure can properly be antagonized to an appropriation bill vdien 
there is any emergency whatever for the passage of the appropri- 
ation bill. There is no emergency now for the passage of the 
sundry civil appropriation bill, for it will not take eifect until the 
beginning of the next fiscal year, which is some time oii yet. 
There being no emergency for that, and there being an emergency 
in respect of the Cuban resolution, I thought that I would ask the 
Senator if he would not yield in favor of my effort to relieve those 
l^eopie in Cuba for a while, to say the least of it. 

There is at present no urgent necessity for the passage of the 
appropriation bill. But, sir, I will not antagonize an appropria- 
tion bill. Senators can take their responsibility. It will be but 
a few days until I think they will all be shocked with the idea 
that they have interposed objections to this measure, when, by 
declining to do so, they could have saved many human lives, and 
amongst them the lives of American citizens. 



l^ 



588 



'^'^ 






'y 



= V I B ;(. 



m' 



.# 



,x\^' 







"■..'o. 











>S r(\\ S» //I. o ^^^ _^^^ ^ 








. ^ s •> 46^ <\ -^ , ... -^ A ^D 

^^.^^ " SIR - %^^" 






